[Pages S4013-S4033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AMENDMENTS SUBMITTED

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SUPPLEMENTAL APPROPRIATIONS ACT

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WELLSTONE AMENDMENT NO. 57

Mr. WELLSTONE proposed an amendment to the bill (S. 672) making
supplemental appropriations and rescissions for the fiscal year ending
September 30, 1997, and for other purposes; as follows:

Beginning on page 47, strike line 19 and all that follows
through page 48, line 12.
______

WESSSTONE AMENDMENT NO. 58

Mr. WELLSTONE proposed an amendment to the bill, S. 672, supra; as
follows:

At the end of title III, add the following:
Sec. 326. The Secretary of Health and Human Services
shall--
(1) make available under section 2604(g) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8623(g)),
$45,000,000 in assistance described in such Act to victims of
flooding and other natural disasters in Minnesota, North
Dakota, and South Dakota, for fiscal year 1997; and
(2) make the assistance available from funds appropriated
to carry out such Act prior to the date of enactment of this
section.
______

BYRD AMENDMENT NO. 59

(Ordered to lie on the table.)

Mr. BYRD submitted an amendment intended to be proposed by him to the
bill, S. 672, supra; as follows:

On page 81, beginning with line 1, strike all through page
85, line 9.
______

STEVENS AMENDMENT NO. 60

Mr. STEVENS proposed an amendment to the bill, S. 672,
supra; as follows:

On line 1, page 37 of the bill, after the colon, strike all
through ``1997'' on line 15 of page 37, and insert the
following: ``Provided further, That notwithstanding any other
provision of law, such additional authority shall be
distributed to ensure that States receive amounts that they
would have received had the Highway Trust Fund fiscal year
1994 income statement not been understated prior to the
revision on December 24, 1996; and that notwithstanding any
other provision of law, an amount of obligational authority
in addition to the amount distributed above, shall be made
available by this Act and shall be distributed to assure that
States receive obligational authority that they would have
received had the Highway Trust Fund fiscal year 1995 income
statement not been revised on December 24, 1996: Provided
further, That such additional authority shall be distributed
to ensure that no State shall receive an amount in fiscal
year 1997 that is less than the amount a State received in
fiscal year 1996''
______

FAIRCLOTH AMENDMENT NO. 61

(Ordered to lie on the table.)
Mr. FAIRCLOTH submitted an amendment intended to be proposed by him
to the bill, S. 672, supra; as follows:

[[Page S4014]]

On page 57, between lines 3 and 4, insert the following:
Sec. 326.(a)(1) Notwithstanding any other provision of law,
the Federal Communications Commission shall grant to Orion
Communications of Asheville, North Carolina, a temporary
authorization to operate an FM radio station in the vicinity
of Asheville, North Carolina.
(2) Subject to subsection (b), the scope of the temporary
authorization under this subsection shall be identical to the
scope of the temporary authorization of Orion Communications
to operate the radio station that was rescinded as a result
of the actions taken by the Commission upon the remand of
Bechtel v. Federal Communications Commission, 10 F.3d 875
(D.C. Cir. 1993).
(b) The temporary authorization granted under subsection
(a) shall expire 6 months after the date of enactment of this
Act.
______

HUTCHISON (AND GRAMM) AMENDMENT NO. 62

(Ordered to lie on the table.)
Mrs. HUTCHISON (for herself and Mr. Gramm) submitted an amendment
intended to be proposed by them to the bill, S. 672, supra; as follows:

At the appropriate place, insert the following:

SEC. . ENROLLMENT FLEXIBILITY.

(a) In General.--Notwithstanding any other provision of
law, any State plan (including any subsequent technical,
clerical, and clarifying corrections submitted by the State)
relating to the integration of eligibility determinations and
enrollment procedures for Federally-funded public health and
human services programs administered by the Department of
Health and Human Services and the Department of Agriculture
through the use of automated data processing equipment or
services which was submitted by a State to the Secretary of
Health and Human Services and to the Secretary of Agriculture
prior to October 18, 1996, and which provides for a request
for offers described in subsection (b), is deemed approved
and is eligible for Federal financial participation in
accordance with the provisions of law applicable to the
procurement, development, and operation of such equipment or
services.
(b) Request For Offers Described.--A request for offers
described in this subsection is a public solicitation for
proposals to integrate the eligibility determination
functions for various Federally and State funded programs
within a State that utilize financial and categorical
eligibility criteria through the development and operation of
automated data processing systems and services.
______

HUTCHISON AMENDMENT NO. 63

(Ordered to lie on the table)
Mrs. HUTCHISON submitted an amendment intended to be proposed by her
to the bill, S. 672, supra; as follows:

At the appropriate place, insert the following:

SEC. ____. AGREEMENTS UNDER THE ENDANGERED SPECIES ACT OF
1973.

(a) Listing.--Section 4(b)(1) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(b)(1)) is amended by adding at the
end the following:
``(C) Agreements.--In determining whether a species is an
endangered species or a threatened species, the Secretary
shall take into full consideration any--
``(i) conservation agreement;
``(ii) pre-listing agreement;
``(iii) memorandum of agreement;
``(iv) memorandum of understanding; or
``(v) any other agreement designed to promote the
conservation of any species;

agreed to by the Secretary and any other Federal agency,
State, State agency, political subdivision of a State, or
other person, including the reasonably expected future
beneficial effects to the species of every provision of the
agreement that has been implemented or is reasonably likely
to be implemented.''.
(b) Recovery Plans.--Section 4(f) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the
end the following:
``(6) Agreements.--The Secretary shall--
``(A) give the highest priority to development and
implementation of a recovery plan for a species for which the
Secretary has entered into a--
``(i) conservation agreement;
``(ii) pre-listing agreement;
``(iii) memorandum of agreement;
``(iv) memorandum of understanding; or
``(v) any other agreement designed to promote the
conservation of any species;

(whether before or after the listing of the species as
endangered or threatened) with any other Federal agency,
State, State agency, political subdivision of a State, or
other person; and
``(B) ensure that the commitments made by the Secretary in
the agreement are fulfilled before funds are expended on the
development and implementation of any other recovery plan.''.
______

BUMPERS AMENDMENT NO. 64

(Ordered to lie on the table.)
Mr. BUMPERS submitted an amendment intended to be proposed by himself
to the bill, S. 672, supra; as follows:

On page 50, strike lines 1 through 11.
______

WARNER (AND OTHERS) AMENDMENT NOS. 65-66

(Ordered to lie on the table.)
Mr. WARNER (for himself, Mr. Graham, and Mr. Abraham) submitted two
amendments intended to be proposed by them to the bill, S. 672, supra;
as follows:

Amendment No. 65

On page 39, strike ``and fiscal'' on line 12 and all that
follows through line 18 and insert ``income statement not
been understated prior to the revision on December 24, 1996:
Provided further, That the additional authority shall be
distributed to ensure that States shall receive an additional
amount of authority in fiscal year 1997 and that the
authority be distributed in the manner provided in section
310 of Public Law 104-205 (110 Stat. 2969):''.
____

Amendment No. 66

At the appropriate place add the following:
``Notwithstanding any other provision of this act, the
language on page 39, lines 12 through 18 is deemed to read,
``had the Highway Trust Fund fiscal year 1994 income
statements not been understated prior to the revision on
December 24, 1996: Provided further, That the additional
authority shall be distributed to ensure that States shall
receive an additional amount of authority in fiscal year 1997
and that the authority be distributed in the manner provided
in section 310 of Public Law 104-205 (110 Stat. 2969):''.
______

COCHRAN AMENDMENT NO. 67

Mr. COCHRAN proposed an amendment to the bill, S. 672, supra; as
follows:

On page 9, line 25, strike ``, to remain available until
expended'' after ``ters,'' and insert ``, to remain available
until expended'' after ``$18,000,000''.
On page 11, line 25, after ``disasters'' insert ``subject
to a Presidential or Secretarial declaration''.
On page 11, strike all between the word ``similar'' on line
25 and the word ``to'' on line 26.
On page 12, line 4, strike ``the eligibility'' and insert
in lieu thereof ``gross income and payment limitations''.
On page 13, line 13, strike ``cropland'' and insert in lieu
thereof ``agricultural land''.
On page 16, line 2, strike ``$3,000,000,'' and insert in
lieu thereof ``$6,500,000.''
______

WELLSTONE AMENDMENT NO. 68

(Ordered to lie on the table.)
Mr. WELLSTONE submitted an amendment intended to be proposed by him
to the bill, S. 672, supra; as follows:

On page 16, between lines 10 and 11, insert the following:

Food and Consumer Service

special supplemental nutrition program for women, infants, and children
(wic)

For additional amount to carry out the special supplemental
nutrition program under section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $76,000,000, to remain available
through September 30, 1998: Provided, That notwithstanding
subsections (g) through (i) of that section, the Secretary
shall allocate the amount through the formula in existence on
the date of enactment of this Act or any other method the
Secretary considers necessary.
______

BINGAMAN AMENDMENT NO. 69

(Ordered to lie on the table.)
Mr. BINGAMAN submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follow:

On page 48, strike lines 13 and 14.
______

JOHNSON (AND DASCHLE) AMENDMENT NO. 70

(Ordered to lie on the table.)
Mr. JOHNSON (for himself and Mr. Daschle) submitted an amendment
intended to be proposed by them to the bill, S. 672, supra; as follows:

On page 19, line 6, before the period, insert the
following: ``: Provided further, That, of the funds
appropriated under this paragraph, $10,000,000 shall be used
for the project consisting of channel restoration and
improvements on the James River authorized by section 401(b)
of the Water Resources Development Act of 1986 (Public Law
99-662; 100 Stat. 4128)''.
______

GREGG AMENDMENTS NOS. 71-72

(Ordered to lie on the table.)
Mr. GREGG submitted two amendments intended to be proposed by him to
the bill, S. 672, supra; as follows:

Amendment No. 71

At the appropriate place, insert the following:

SEC. . MODIFICATION OF REQUIREMENTS REGARDING
RECOMMENDATIONS TO ENSURE THE SOLVENCY OF THE
SOCIAL SECURITY TRUST FUNDS.

Section 709(a) of the Social Security Act (42 U.S.C.
910(a)) is amended--
(1) by striking ``for any calendar year'' and inserting
``for any of the succeeding 75 calendar years'';

[[Page S4015]]

(2) by striking ``recommendations for statutory
adjustments'' and inserting ``recommendations for specific
statutory provisions''; and
(3) by inserting ``in each of the succeeding 75 calendar
years'' after ``not less than 20 percent''.
____

Amendment No. 72

On page 57, between lines 3 and 4, insert the following:

SEC. 326. SENSE OF THE SENATE.

(a) Findings.--Congress finds that--
(1)(A) the officers of the Federal Government and the
members of the European Union have had lengthy negotiations
with regard to the establishment of a mutual recognition
agreement with respect to good manufacturing practice (GMP)
inspections of medical devices and pharmaceuticals and the
processes of approving medical devices;
(B) in December 1996, the President urged the officers of
the Federal Government and the members of the European Union
to resolve the issues with respect to the negotiations, and
enter into and implement the mutual recognition agreements;
(C) the officers of the Federal Government and the members
of the European Union have not resolved the issues;
(D) the mutual recognition agreement would enhance the
trade relationships between the United States and the
European Union and generate regulatory savings with respect
to medical devices and pharmaceuticals; and
(2) the harmonization of international standards is also
necessary to facilitate commerce between the United States
and foreign countries.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1)(A) the officers of the Federal Government and the
members of the European Union should, on an expedited bases,
conclude negotiations, enter into, and implement a mutual
recognition agreement with respect to--
(i) good manufacturing practice inspections for medical
devices and pharmaceuticals; and
(ii) the processes of approving medical devices; and
(B) the Secretary of Health and Human Services, in
consultation with the Secretary of Commerce and other
appropriate agencies, should facilitate the conclusion of
negotiations between the members of the European Union and
the officers of the Federal Government and accept the mutual
recognition agreement;
(2) the Secretary of Health and Human Services should
regularly participate in meetings with foreign governments to
discuss and reach agreement on methods and approaches to
harmonize key regulatory requirements and to utilize
international standards; and
(3) the Office of International Relations of the Department
of Health and Human Services (as established under section
803 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
383)) should have the responsibility of ensuring that the
process, established by the Secretary of Health and Human
Services and foreign countries, to harmonize international
standards is continuous and productive.
______

HOLLINGS AMENDMENTS NOS. 73-74

(Ordered to lie on the table.)
Mr. HOLLINGS submitted two amendments intended to be proposed by him
to the bill, S. 672, supra; as follows:

Amendment No. 73

At the appropriate place, insert the following: ``Provided
further that $400,000 be appropriated to renovate thirty-
three miles of open channel and repair access road in the
Willow Swamp Watershed caused by extended periods of heavy
rainfall.''.
____

Amendment No. 74

At the appropriate place insert the following:

``food and consumer services

``The Emergency Food Assistance Program Notwithstanding
section 27(a) of the Food Stamp Act, the amount specified for
allocation under such section for fiscal year 1997 shall be
$99,600,000.''.
______

CHAFEE AMENDMENT NO. 75

(Ordered to lie on the table.)
Mr. CHAFEE submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

Beginning on page 50, line 15, strike all through page 51
and insert the following:
``The policy issued on February 19, 1997, by the United
States Fish and Wildlife Service implementing the emergency
provisions of the Endangered Species Act (16 U.S.C. 1531) and
applying to 46 counties in California that were declared
Federal disaster areas shall apply to--
``(a) all counties nationwide heretofore and hereafter
declared Federal disaster areas at any time during 1996 or
1997, and
``(b) repair activities on flood control facilities in
response to an imminent threat to human lives and property at
any time during 1996 or 1997,

and in each instance shall remain in effect until the
Assistant Secretary of the Army for Civil Works determines
that 100 percent of emergency repairs have been completed,
but shall not remain in effect later than December 31,
1998.''.
______

SPECTER AMENDMENTS NOS. 76-78

(Ordered to lie on the table.)
Mr. SPECTER submitted three amendments intended to be proposed by him
to the bill, S. 672, surpa; as follows:

Amendment No. 76

At the appropriate place, insert the following:

SEC. . COLLECTION AND DISSEMINATION OF INFORMATION ON
PRICES RECEIVED FOR BULK CHEESE.

(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
collect and disseminate, on a weekly basis, statistically
reliable information, obtained from cheese manufacturing
areas in the United States on prices received and terms of
trade involving bulk cheese, including information on the
national average price for bulk cheese sold through spot and
forward contract transactions. To the maximum extent
practicable, the Secretary shall report the prices and terms
of trade for spot and forward contract transactions
separately.
(b) Confidentiality.--All information provided to, or
acquired by, the Secretary under subsection (a) shall be kept
confidential by each officer and employee of the Department
of Agriculture except that general weekly statements may be
issued that are based on the information and that do not
identify the information provided by any person.
(c) Report.--Not later than 150 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Agriculture, and the Committee on
Appropriations, of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate of
reporting compliance by cheese manufacturers with respect to
the information collected under subsection (a). At the time
of the report, the Secretary may submit legislative
recommendations to improve the rate of reporting compliance.
(d) Termination of Effectiveness.--The authority provided
by subsection (a) terminates effective April 5, 1999.
____

Amendment No. 77

At the appropriate place, insert the following:

SEC. . BASIC FORMULA PRICE.

Section 143(a) of the Agricultural Market Transition Act (7
U.S.C. 7253(a)) is amended by adding at the end the
following:
``(5) Basic formula price.--In carrying out this subsection
and section 8c(5) of the Agricultural Adjustment Act (7
U.S.C. 608c(5)), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, the Secretary
shall use as factors that are used to determine the basic
formula price for milk and any other milk price regulated by
the Secretary--
``(A) the price of feed grains, including the cost of
concentrates, byproducts, liquid whey, hay, silage, pasture,
and other forage; and
``(B) other cash expenses, including the cost of hauling,
artificial insemination, veterinary services and medicine,
bedding and litter, marketing, custom services and supplies,
fuel, lubrication, electricity, machinery and building
repairs, labor, association fees, and assessments.''.

Amendment No. 78

Ordered to lie on the table to be printed Amendment
intended to be proposed by Mr. Specter
At the appropriate place, insert the following:

SEC. . COLLECTION AND DISSEMINATION OF INFORMATION ON PRICES
RECEIVED FOR CHEESE, BUTTER, AND NONFAT DRY
MILK.

(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
collect and disseminate, on a weekly basis, statistically
reliable information, obtained from cheese manufacturing
areas in the United States on prices received and terms of
trade involving bulk cheese, including information on the
national average price for bulk cheese sold through spot and
forward contract transactions. To the maximum extent
practicable, the Secretary shall report the prices and terms
of trade for spot and forward contract transactions
separately.
(b) Reporting.--The Secretary may require dairy product
manufacturing plants in the United States to report to the
Secretary on a weekly basis the price they receive for
cheese, butter, and nonfat dry milk sold through spot sales
arrangements, forward contracts, or other sales arrangements.
(c) Confidentiality.--All information provided to, or
acquired by, the Secretary under subsections (a) and (b)
shall be kept confidential by each officer and employee of
the Department of Agriculture except that general weekly
statements may be issued that are based on the information
and that do not identify the information provided by any
person.
______

COATS AMENDMENT NO. 79

(Ordered to lie on the table.)
Mr. COATS submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

[[Page S4016]]

On page 85, between lines 9 and 10, insert the following:

TITLE VIII--MISCELLANEOUS

SEC. 801. IMPLEMENTATION OF RATING SYSTEMS FOR TELEVISION
PROGRAMMING.

Part I of title III of the Communications Act of 1934 (47
U.S.C. 301 et seq.) is amended by adding at the end the
following:

``SEC. 337. RATING SYSTEMS FOR TELEVISION PROGRAMMING.

``(a) System Required for Grant or Renewal of Broadcast
Television License.--The Commission shall not grant or renew
a license for a broadcast television station unless the
person applying for the license submits to the Commission
with the application evidence of--
``(1) in the case of an application for the grant of a
license, a plan for the implementation of a system for rating
the content of television programming to be broadcast by the
station under the license; or
``(2) in the case of an application for the renewal of a
license, evidence of the implementation as of the date of the
application of a system for rating the content of television
programming broadcast by the station.
``(b) System Required for Assignment of Transitional
Digital Television Frequencies.--The Commission shall not
assign transitional digital television frequencies to a
broadcast television station unless the person licensed to
operate the station submits to the Commission with the
request for assignment evidence of the implementation as of
the date of the request of a system for rating the content of
television programming broadcast by the station.
``(c) Recovery of Certain Transitional Frequencies.--The
Commission shall require a person assigned transitional
digital television frequencies before the date of enactment
of this section to surrender such frequencies to the
Commission if the person does not submit to the Commission,
before commencement of the use of such frequencies, evidence
of the implementation of a system for rating the content of
television programming to be broadcast using such
frequencies.
``(d) System Elements.--
``(1) In general.--Each system for rating the content of
television programming under this section shall provide a
rating of the specific content of each pre-recorded program
broadcast by the television station concerned.
``(2) Specific elements.--The rating of a television
program under such system shall--
``(A) include information regarding language content,
sexual content, violent content, and any other element that
the person implementing the system considers appropriate; and
``(B) be broadcast so as--
``(i) to appear in both visible and audible form;
``(ii) to appear at the beginning of the program, and every
30 minutes thereafter in the case of a program in excess of
30 minutes in length; and
``(iii) to permit the automatic blocking of display of the
program using a feature to block display of programs with a
common rating required under section 303(x).
``(e) Review by Commission.--
``(1) Purpose of review.--The Commission shall review each
system for rating the content of television programming
submitted under this section solely for the purpose of
assuring that such system meets the requirements of
subsection (d).
``(2) Scope of authority.--Nothing in this section may be
construed to authorize or require the Commission to establish
or require a specific system for rating television
programming.
``(3) Applicability of content-based standards.--Nothing in
this section may be construed to limit the applicability to
television programs covered by a system for rating television
programming under this section of any content-based standards
otherwise applicable to such programs under any other
provision of law.
``(f) Definition.--As used in this section:
``(1) Advanced television services.--The term `advanced
television services' has the meaning given such term in
section 336(g)(1).
``(2) Transitional digital television frequencies.--The
term `transitional digital television frequencies' means
television frequencies allotted by the Commission for use by
broadcast television stations for the transition of such
stations from the broadcast of analog television services to
the broadcast of advanced television services.''.
______

SNOWE (AND KERRY) AMENDMENT NO. 80

(Ordered to lie on the table.)
Ms. SNOWE (for herself and Mr. Kerry) submitted an amendment intended
to be proposed by them to the bill, S. 672, supra; as follows:

At the appropriate place, insert the following:

SEC. . DISENTANGLEMENT OF MARINE MAMMALS.

Section 101(c) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1371(c)) is amended by inserting a comma and ``to
free a marine mammal from entanglement in fishing gear or
debris,'' after ``self-defense''.
______

SNOWE AMENDMENTS NOS. 81-82

(Ordered to lie on the table.)
Ms. SNOWE submitted two amendments intended to be proposed by her to
the bill, S. 672, supra; as follows:

Amendment No. 81

At the appropriate place, insert the following:

SEC. . TAKE-REDUCTION PLAN.

(a) Notwithstanding any other provision of law, or any
decision by a Federal court to the contrary, the Secretary of
Commerce may not issue a regulation to implement a take-
reduction plan for Atlantic Large Whales pursuant to section
118 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1387) before May 1, 1998, except as provided in subsection
(b) and (c).
(b)(1) The Secretary may, after consultation with the
fishing industry, the States, whale scientists, whale
disentanglement specialists, and conservation organizations,
issue a regulation to implement a take-reduction plan for
Atlantic large whales before May 1, 1998, if that plan is
limited to any combination of the following--
(A) a program designed to obtain information on the
movements and distribution, and on the incidence of fishing
gear entanglement, injury, or mortality, of Atlantic large
whales;
(B) a program providing for the disentanglement of Atlantic
whales that have been entangled in fishing gear;
(C) a program to inform and educate the fishing industry
and the public about the current status of Atlantic large
whales, the threats of injury and mortality to such whales,
including ship strikes, voluntary actions that can be taken
by the fishing industry and the public to reduce the risk of
fishing gear entanglement, injury, and mortality of such
whales, and any other information that the Secretary deems
appropriate;
(D) research on modifications to fishing gear, and new
types of fishing gear, that reduce the risk of entanglement,
serious injury, and mortality to Atlantic large whales, and
the development and testing of prototypes of such fishing
gear;
(E) the marking of fishing gear to identify the type of
fishing gear involved in the entanglement of a marine mammal,
and the location in which the gear was fished;
(F) the inspection of gear for the purpose of determining
compliance with any gear marking requirement approved under
subparagraph (E); and
(G) a program to reduce inactive fishing gear that poses a
significant risk of entanglement, serious injury, or
mortality to Atlantic large whales.
(2) For the purposes of this subsection, the term
``inactive fishing gear'' means fishing gear that remains in
the waters of the United States but is no longer used in a
viable fishing operation.
(c) the Secretary may, after consultation with the fishing
industry, the states, whale scientists, whale disentanglement
specialists, and conservation organizations, issue a
regulation to implement that part of a take reduction plan
for Atlantic large whales covering only areas designated as
critical habitat for the Northern Right Whale before May 1,
1998. The issuance of a regulation under this subsection
shall not constitute the implementation of a take reduction
plan for the purposes of Section 118(f)(2) and 118(f)(5).
(d)(1)(A) Notwithstanding any other provision of law, the
Secretary of Commerce shall, within 30 days after the
enactment of this Act, reconvene the take-reduction team for
Atlantic large whales.
(B) In reconvening the team referred to in subparagraph
(A), the Secretary shall ensure that the membership of the
team adequately reflects any significant regional differences
in operating conditions within commercial fisheries and gear
types that incidentally take Atlantic large whales,
including, if necessary, the appointment of additional
members to the team to reflect such regional differences.
(2)(A) Not later than 4 months after the date that the
take-reduction team for Atlantic large whales has been
reconvened, the team shall submit a draft take-reduction plan
to the Secretary, consistent with the other provisions, of
section 118 of the Marine Mammal Protection Act (16 U.S.C.
1387).
(B) The take-reduction team shall meet no less than 4 times
before the end of the 4-month period referred to in
subparagraph (A).
(C) After the take-reduction has been reconvened, the team
and the Secretary shall follow the procedures set forth in
section 118(f)(7) of the Marine Mammal Protection Act.
(e) A permit pursuant to section 101(a)(5)(E) of the Marine
Mammal Protection Act (16 U.S.C. 1371) shall be deemed
granted for commercial fisheries interacting with Atlantic
Large Whales, and listed under section 118(c), until May 1,
1998.
(f) Section 101(c) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371(c)) is amended by inserting a comma and
``to free a marine mammal from entanglement in fishing gear
or debris,'' after ``self-defense''.
____

Amendment No. 82

At the appropriate place, insert the following:

SEC. . TAKE-REDUCTION PLAN.

[[Page S4017]]

1387) before February 1, 1998, except as provided in
subsection (b).
(b)(1) The Secretary may, after consultation with the
fishing industry, the States, whale scientists, whale
disentanglement specialists, and conservation organizations,
issue a regulation to implement a take-reduction plan for
Atlantic large whales before February 1, 1998, if that plan
is limited to any combination of the following--
(A) a program designed to obtain information on the
movements and distribution, and on the incidence of fishing
gear entanglement, injury, or mortality, of Atlantic large
whales;
(B) a program providing for the disentanglement of Atlantic
large whales that have been entangled in fishing gear;
(C) a program to inform and educate the fishing industry
and the public about the current status of Atlantic large
whales, the threats of injury and mortality to such whales,
including ship strikes, voluntary actions that can be taken
by the fishing industry and the public to reduce the risk of
fishing gear entanglement, injury, and mortality of such
whales, and any other information that the Secretary deems
appropriate;
(D) research on modifications to fishing gear, and new
types of fishing gear, that reduce the risk of entanglement,
serious injury, and mortality to Atlantic large whales,
and the development and testing of prototypes of such
fishing gear;
(E) the marking of fishing gear to identify the type of
fishing gear involved in the entanglement of a marine mammal,
and the location in which the gear was fished;
(F) the inspection of gear for the purpose of determining
compliance with any gear marking requirement approved under
subparagraph (E); and
(G) a program to reduce inactive fishing gear that poses a
significant risk of entanglement, serious injury, or
mortality to Atlantic large whales.
(2) For the purposes of this subsection, the term
``inactive fishing gear'' means fishing gear that remains in
the waters of the United States but is no longer used in a
viable fishing operation.
(c)(1)(A) Notwithstanding any other provision of law, the
Secretary of Commerce shall, within 30 days after the
enactment of this Act, reconvene the take-reduction team for
Atlantic large whales.
(B) In reconvening the team referred to in subparagraph
(A), the Secretary shall ensure that the membership of the
team adequately reflects any significant regional differences
in operating conditions within commercial fisheries and gear
types that incidentally take Atlantic large whales,
including, if necessary, the appointment of additional
members to the team to reflect such regional differences.
(2)(A) Not later than 3 months after the date that the
take-reduction team for Atlantic large whales has been
reconvened, the team shall submit a draft take-reduction plan
to the Secretary, consistent with the other provisions, of
section 118 of the Marine Mammal Protection Act (16 U.S.C.
1387).
(B) The take-reduction team shall meet no less than 4 times
before the end of the 3-month period referred to in
subparagraph (A).
(C) After the take-reduction has been reconvened, the team
and the Secretary shall follow the procedures set forth in
section 118(f)(7) of the Marine Mammal Protection Act.
(d) A permit pursuant to section 101(a)(5)(E) of the Marine
Mammal Protection Act (16 U.S.C. 1371) shall be deemed
granted for commercial fisheries interacting with Atlantic
Large Whales, and listed under section 118(c), until February
1, 1998.
(e) Section 101(e) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371(c)) is amended by inserting a comma and
``to free a marine mammal from entanglement in fishing gear
or debris,'' after ``self-defense''.
______

FEINGOLD AMENDMENTS NOS. 83-84

(Ordered to lie on the table.)
Mr. FEINGOLD submitted two amendments intended to be proposed by him
to the bill, S. 672, supra; as follows:

Amendment No. 83

On page 7, line 24, insert before the period, the
following: ``: Provided further, That none of the funds made
available under this Act may be obligated or expended for
operations or activities of the Armed Forces relating to
Bosnia ground deployment after September 30, 1997''.
____

Amendment No. 84

On page 9, between line 2 and 3, insert the following:
(c) Prohibition.--(1) Congress makes the following
findings:
(A) On November 27, 1995, the President affirmed that
United States participation in the multinational military
Implementation Force (known as IFOR) would terminate in one
year.
(B) The President declared the expiration date of the
mandate for IFOR to be December 20, 1996.
(C) The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff likewise expressed their confidence that IFOR
would complete its mission in one year.
(D) The exemplary performance of the United States Armed
Forces has significantly contributed to the accomplishment of
the military mission of IFOR, and the courage, dedication,
and professionalism of such personnel have permitted the
separation of the belligerent parties to the conflict in
Bosnia and Herzegovina and have resulted in a significant
mitigation of the violence and suffering in Bosnia and
Herzegovina.
(E) On October 3, 1996, the Chairman of the Joint Chiefs of
Staff announced the intention of the President to delay the
removal of the United States Armed Forces personnel from
Bosnia and Herzegovina until March 1997 for operational
reasons.
(F) Notwithstanding the assurances given to Congress by the
President, the Secretary of Defense, and the Chairman of the
Joint Chiefs of Staff of their resolve to end the mission of
United States Armed Forces in Bosnia and Herzegovina by
December 20, 1996, the President in November 1996
announced his intention to further extend the deployment
of the United States Armed Forces in Bosnia and
Herzegovina until June 1998 to participate in the
multinational military Stabilization Force (known as
SFOR).
(G) Before the announcement of the new policy referred to
in subparagraph (F), the President did not request
authorization by Congress of the policy that would result in
the further deployment of United States Armed Forces in
Bosnia and Herzegovina until June 1998.
(H) Although the cost of the United States Armed Forces
deployment in Bosnia and Herzegovina was initially estimated
at $2,000,000,000, the estimate has been revised upward to
$6,500,000,000, more than three times the initial projected
cost.
(I) Unless an end date for the deployment of United States
Armed Forces in Bosnia and Herzegovina is established, the
length of the deployment and the cost of the operation is
likely to continue to increase.
(2) No funds appropriated or otherwise made available by
this or any other Act for the Department of Defense or any
other agency of the Federal Government may be obligated or
expended for the deployment of the Armed Forces of the United
States on the ground in Bosnia and Herzegovina after
September 30, 1997.
(3) The prohibition in paragraph (2) does not apply to
obligations and expenditures necessary to support the safe
and timely withdrawal of the Armed Forces from Bosnia and
Herzegovina.
(4) If requested by the President and authorized in a law
enacted after the date of the enactment of this Act,
obligations and expenditures otherwise prohibited under
paragraph (2) after the date specified in that paragraph may
be made during the 90-day period beginning on the day after
that date.
______

HOLLINGS AMENDMENTS NOS. 85-87

(Ordered to lie on the table.)
Mr. HOLLINGS submitted three amendments intended to be proposed by
him to the bill, S. 672, supra; as follows:

Amendment No. 85

On page 47, strike lines 14 through 18 and insert the
following:
Sec. 303. (a) None of the funds available in any
appropriations Act for fiscal year 1997 may be used by the
Department of Commerce to plan or otherwise prepare for the
use of sampling in taking the 2000 census in a manner that
cannot be reversed should Congress determine that only a
direct enumeration 2000 census may be performed;
(b) The Senate Committee on Governmental Affairs shall
review the current plans of the Bureau of the Census for
conducting the decennial census in the year 2000 and it shall
report back to the Senate not later than July 15, 1997, on
the accuracy, objectivity, and cost effectiveness of
employing statistical sampling in the conduct of the
decennial census.
____

Amendment No. 86

On page 47, strike lines 14 through 18 and insert the
following:
Sec. 303. None of the funds available in any appropriations
Act for fiscal year 1997 may be used by the Department of
Commerce to plan or otherwise prepare for the use of sampling
in taking the 2000 census in a manner that cannot be reversed
should Congress determine that only a direct enumeration 2000
census may be performed.
____

Amendment No. 87

On page 47 of the bill, strike lines through 18.
______

GRAHAM AMENDMENT NO. 88

(Ordered to lie on the table.)
Mr. GRAHAM submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

Beginning on page 75, strike line 11 and all that follows
through page 80, line 22, and insert the following:

TITLE VI--SOCIAL SECURITY ADMINISTRATION--SUPPLEMENTAL SECURITY INCOME

None of the funds appropriated or otherwise made available
by this Act or any other Act for the Social Security
Administration for fiscal year 1997 may be used to implement
any termination or suspension of benefits under the
supplemental security income program under title XVI of the
Social Security

[[Page S4018]]

Act (42 U.S.C. 1381 et seq.) pursuant to section 402(a) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1612(a)).
______

DASCHLE AMENDMENTS NOS. 89-91

(Ordered to lie on the table.)
Mr. DASCHLE submitted three amendments intended to be proposed by him
to the bill. S. 672, surpa; as follows:

Amendment No. 89

At the appropriate place, insert the following:

FEDERAL EMERGENCY MANAGEMENT AGENCY

Grant for the Construction of a Pipeline To Connect the Town of
Gettysburg, South Dakota, to the Mid-Dakota Rural Water System

For the funding of a grant to the town of Gettysburg, South
Dakota, to be used to pay the Bureau of Reclamation of the
construction of a pipeline to connect the town to the Mid-
Dakota Rural Water System, $1,500,000.

DEPARTMENT OF AGRICULTURE

Consolidated Farm Services Agency

For the funding of an emergency community water assistance
grant to the town of Gettysburg, South Dakota, under section
306A of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926a), $1,500,000.
____

Amendment No. 90

At the appropriate place, insert the following:

united states fish and wildlife service partners for wildlife program

For the Partners of Wildlife Program of the United States
Fish and Wildlife Service, $5,000,000 to pay private
landowners for the voluntary use of private land to store
water in restored wetlands.
____

Amendment No. 91

At the appropriate place, insert the following new section:

SEC. . EMERGENCY ASSISTANCE FOR THE CROW CREEK SIOUX TRIBE.

(a) Definitions.--In this section:
(1) Bad nation community.--The term ``Bad Nation
Community'' means the Bad Nation Community of the Crow Creek
Indian Reservation, South Dakota.
(2) Fort thompson community.--The term ``Fort Thompson
Community'' means the Fort Thompson Community of the Crow
Creek Indian Reservation, South Dakota.
(3) Tribal administration building.--The term ``Tribal
Administration Building'' means the administration building
of the Tribe.
(4) Tribal farm.--The term ``Tribal Farm'' means the Crow
Creek Tribal Farm, located in the Crow Creek Indian
Reservation, South Dakota.
(5) Tribe.--The term ``Tribe'' means the Crow Creek Sioux
Tribe of Indians, a band of the Great Sioux Nation recognized
by the United States of America.
(b) Emergency Assistance.--
(1) In general.--In addition to the amounts appropriated
under this Act for the Bureau of Indian Affairs of the
Department of the Interior, there are appropriated to the
Department of the Interior for use by the Bureau of Indian
Affairs $1,200,000. The amount appropriated under this
paragraph shall be used for the emergency response activities
specified in paragraphs (2) through (5) to address damage to
the Crow Creek Indian Reservation, South Dakota, caused by
natural disasters.
(2) Road repairs.--Of the amount appropriated under
paragraph (1), $725,000 shall be used for road repairs, of
which--
(A) $125,000 shall be used to make repairs to roads that
service the Fort Thompson Community; and
(B) $600,000 shall be used to make repairs to roads that
service the Bad Nation Community.
(3) Monitoring and cleanup of sewage.--Of the amount
appropriated under paragraph (1), $40,000 shall be used for
the monitoring and cleanup of sewage discharges.
(4) Tribal farm.--Of the amount appropriated under
paragraph (1), $350,000 shall be used to repair damage to the
irrigation pump on the Tribal Farm.
(5) Tribal administration building.--Of the amount
appropriated under paragraph (1), $85,000 shall be used to
repair the Tribal Administration Building.
______

LEAHY AMENDMENT NO. 92

(Ordered to lie on the table.)
Mr. LEAHY submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

On page 68, below line 24, add the following:
Sec. 406. Notwithstanding any other provision of law, funds
appropriated for Dual Use Applications Programs in Public Law
104-208 (110 Stat. 3009-84) under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' may be
obligated by the Secretary of Defense for the Commercial
Operations and Support Savings Initiative.
______

REID (AND BAUCUS) AMENDMENT NO. 93

(Ordered to lie on the table.)
Mr. REID (for himself and Mr. Baucus) submitted an amendment intended
to be proposed by them to the bill, S. 672, supra; as follows:

Beginning on page 50, strike line 15 and all that follows
through page 51 and insert the following:
The policy issued on February 19, 1997, by the United
States Fish and Wildlife Service implementing emergency
provisions of the Endangered Species Act and applying to 46
California counties that were declared Federal disaster areas
shall apply to all counties nationwide heretofore or
hereafter declared Federal disaster areas at any time during
1997 and shall apply to repair activities on flood control
facilities in response to an imminent threat to human lives
and property and shall remain in effect until the Assistant
Secretary of the Army for Civil Works determines that 100
percent of emergency repairs have been completed, but shall
not remain in effect later than December 31, 1998.
______

REID AMENDMENT NO. 94

(Ordered to lie on the table.)
Mr. REID submitted an amendment intended to be proposed by him to the
bill, S. 672, supra; as follows:

Beginning on page 50, strike line 15 and all that follows
through page 51 and insert the following:
The policy issued on February 19, 1997, by the United
States Fish and Wildlife Service implementing emergency
provisions of the Endangered Species Act and applying to 46
California counties that were declared Federal disaster areas
shall--
(1) apply to all counties nationwide heretofore or
hereafter declared Federal disaster areas at any time during
1997; or
(2) apply to repair activities on flood control facilities
in response to an imminent threat to human lives and
property; and
(3) remain in effect for the purposes of paragraphs (1) and
(2) until the Assistant Secretary of the Army for Civil Works
determines that 100 percent of emergency repairs have been
completed, but shall not remain in effect later than December
31, 1998.
______

KERREY (AND DORGAN) AMENDMENTS NOS. 95-96

(Ordered to lie on the table.)
Mr. KERREY (for himself and Mr. Dorgan) submitted two amendments
intended to be proposed by them to the bill, S. 672, supra; as follows:

Amendment No. 95

On page 55, strike lines 11 through 13 and insert in lieu
thereof the following new language: ``within that other
contiguous country; (B) that exempts similar categories of
flights operated by citizens of the United States and (C) the
total amount to be collected in FY 1998 and each year
thereafter from overflight fees is at least $50,000,000 per
year.''
____

Amendment No. 96

On page 55, strike lines 3 through 13 and insert in lieu
thereof the following:
Sec. 320. (a) Section 45301(a)(1) of title 49, United
States Code, is amended by--
(1) striking ``government or of a foreign government'' and
inserting ``government, a foreign government, or general
aviation aircraft''.
(b) Section 45301 of title 49, United States Code, is
amended by adding at the end thereof the following new
subsection:
``(d) Rebates to Certain Airlines.--Out of the Airport and
Airways Trust Fund, the Administrator shall make funds
available to make payments to airlines providing domestic air
service originating or terminating in States other than the
48 contiguous States of the United States that are charged
overflight fees by a foreign country contiguous to the United
States. The payments to any air carrier shall not exceed the
amount such carrier was charged for overflight rights by that
foreign country. The total payments made per year to airlines
by the Administrator under this subsection shall not exceed
$3,000,000.''.
______

BUMPERS (AND OTHERS) AMENDMENT NO. 97

(Ordered to lie on the table.)
Mr. BUMPERS (for himself, Mr. Bond and Mr. Warner) submitted an
amendment intended to be proposed by them to the bill, S. 672, supra;
as follows:

At the appropriate place add the following new section:

``SEC. . EXPANDING SMALL BUSINESS PARTICIPATION IN
DREDGING.

``Section 722(a) of the Small Business Competitiveness
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is
amended by striking `September 30, 1996' and inserting
`September 30, 1997'.''
______

GRAHAM AMENDMENT NO. 98

(Ordered to lie on the table.)
Mr. GRAHAM submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

On page 57, between lines 3 and 4, insert the following:
Sec. 326. It is the sense of the Senate that funds provided
by this Act for highways

[[Page S4019]]

should be distributed in a manner that ensures fairness and
equity.
______

WELLSTONE AMENDMENT NO. 99

(Ordered to lie on the table.)
Mr. WELLSTONE submitted an amendment intended to be proposed by him
to the bill, S. 672, supra; as follows:

On page 33, line 22, strike ``$58,000,000'' and insert
``$76,000,000''.
______

MOSELEY-BRAUN AMENDMENT NO. 100

(Ordered to lie on the table.)
Ms. MOSELEY-BRAUN submitted an amendment intended to be proposed by
her to the bill, S. 672, supra; as follows:

On page 40, line 21, after the word ``County'', insert the
following: ``: Provided further, That $400,000 of the
additional allocation for the State of Illinois shall be
provided for costs associated with the replacement of
Gaumer's Bridge in Vermilion County, Illinois''.
______

McCAIN AMENDMENTS NOS. 101-113

(Ordered to lie on the table.)
Mr. McCAIN submitted 13 amendments intended to be proposed by him to
the bill, S. 672, supra; as follows:

Amendment No. 101

Sec. . Sections 4041(c)(3)(B), 4081(d)(2)(B),
4091(b)(3)(A)(1)(ii), 4261(g)(1)(ii), and 4271(d)(1)(A)(ii)
of the Internal Revenue Code of 1986 are each amended by
striking ``September 30, 1997.'' and inserting ``the date on
which the Secretary and the Secretary of Transportation
jointly determine that the aviation-related taxes imposed
under section 4041, 4081, 4091, 4261, and 4271 of this title
have been replaced by an alternative funding system.''.
____

Amendment No. 102

Sec. . Section 4091(a)(3)(A) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(A) The rate of tax specified in paragraph (1) shall be
4.3 cents per gallon after December 31, 1996, and before the
date which is 7 days after the date of the enactment of the
Airport and Airway Trust Fund Tax Reinstatement Act of
1997.''.
(b) Section 4081(d)(2) of such Code is amended to read as
follows:
``(2) Aviation gasoline.--The rate of tax specified in
subsection (a)(2)(A)(ii) shall be 4.3 cents per gallon after
December 31, 1996, and before the date which is 7 days after
the date of the enactment of the Airport and Airway Trust
Fund Tax Reinstatement Act of 1997.''.
(c) Section 4041(c)(3) of such Code is amended to read as
follows:
``(3) Application.--The rate of the taxes imposed by
paragraph (1) shall be 4.3 cents per gallon after December
31, 1996, and before the date which is 7 days after the date
of the enactment of the Airport and Airway Trust Fund Tax
Reinstatement Act of 1997.''.
(d) Section 4261(g) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The taxes imposed by this section shall
apply to transportation beginning after the seventh day after
the date of the enactment of the Airport and Airway Trust
Fund Tax Reinstatement Act of 1997 and amounts paid for
transportation beginning after that day.''; and
(2) by striking ``under paragraph (1)(B)'' in paragraph
(2).
(e) Section 4261(d) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The tax imposed by subsection (a) shall
apply to transportation beginning after the seventh day after
the date of the enactment of the Airport and Airway Trust
Fund Tax Reinstatement Act of 1997 and amounts paid for
transportation beginning after that day.''; and
(2) by striking ``under paragraph (1)(B)'' in paragraph
(2).
____

Amendment No. 103

On page 41, strike lines 1 through 18.
On page 47, strike lines 6 through 13.
____

Amendment No. 104

On page 25, on line 11, strike all that appears after the
phrase ``as amended'', through line 16, and insert in lieu
thereof''.''.
____

Amendment No. 105

On page 37, strike lines 4 through 18.
____

Amendment No. 106

On page 36, starting on line 18, strike all that appears
through page 37, line 3.
____

Amendment No. 107

On page 39, starting on line 22, strike all that appears
after ``1997'' through page 40, line 21, and insert in lieu
thereof''.''.
On page 42, starting on line 11, strike all that appears
through page 43, line 4.
____

Amendment No. 108

On page 32, strike lines 1 through 18.
____

Amendment No. 109

On page 15, beginning on line 11, strike all after the
phrase ``as amended'' through line 16, and insert in lieu
thereof''.''.
____

Amendment No. 110

On page 50, before the period at the end of line 11, add
the following new provisos: ``Provided, That, within 60 days
of the date of enactment of this Act, the Secretary of the
Interior, in consultation with State and local government
officials, shall submit to Congress a proposal to establish a
process for recognizing and determining the validity or
management of any right of way established pursuant to
Revised Statutes 2477 (43 U.S.C. 932).''
____

Amendment No. 111

Strike title VII of the Act, and insert in lieu thereof the
following:

``SEC. 701. SHORT TITLE.

This title may be cited as the ``Government Shutdown
Prevention Act.''.

SEC. 702. AMENDMENT TO TITLE 31.

(a) In General.--Chapter 13 of title 31, United States
Code, is amended by inserting after section 1310 the
following new section:

``Sec. 1311. Continuing appropriations

``(a)(1) If any regular appropriation bill for a fiscal
year does not become law prior to the beginning of such
fiscal year or a joint resolution making continuing
appropriations is not in effect, there is appropriated, out
of any moneys in the Treasury not otherwise appropriated, and
out of applicable corporate or other revenues, receipts, and
funds, such sums as may be necessary to continue any project
or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a
joint resolution making continuing appropriations for such
preceding fiscal year.
``(2) Appropriations and funds made available, and
authority granted, for a project or activity for any fiscal
year pursuant to this section shall be at a rate of
operations not in excess of the lower of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year,
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such
preceding fiscal year,
``(C) the rate of operations provided for in the House or
Senate passed appropriation bill for the fiscal year in
question, except that the lower of these two versions shall
be ignored for any project or activity for which there is a
budget request if no funding is provided for that project or
activity in either version,
``(D) the rate provided in the budget submission of the
President under section 1105(a) of title 31, United States
Code, for the fiscal year in question, or
``(E) the annualized rate of operations provided for in the
most recently enacted joint resolution making continuing
appropriations for part of that fiscal year or any funding
levels established under the provisions of this Act.
``(3) Appropriations and funds made available, and
authority granted, for any fiscal year pursuant to this
section for a project or activity shall be available for the
period beginning with the first day of a lapse in
appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether
or not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as
the case may be, or
``(B) the last day of such fiscal year.
``(d) An appropriation or funds made available, or
authority granted, for a project or activity for any fiscal
year pursuant to this section shall be subject to the terms
and conditions imposed with respect to the appropriation made
or funds made available for the preceding fiscal year, or
authority granted for such project or activity under current
law.
``(c) Appropriations and funds made available, and
authority granted, for any project or activity for any fiscal
year pursuant to this section shall cover all obligations or
expenditures incurred for such project or activity during the
portion of such fiscal year for which this section applies to
such project or activity.
``(d) Expenditures made for a project or activity for any
fiscal year pursuant to this section shall be charged to the
applicable appropriation, fund, or authorization whenever a
regular appropriation bill or a joint resolution making
continuing appropriations until the end of a fiscal year
providing for such project or activity for such period
becomes law.
``(c) This section shall not apply to a project or activity
during a fiscal year if any other provision of law (other
than an authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.

[[Page S4020]]

``(f) For purposes of this section, the term `regular
appropriation bill' means any annual appropriation bill
making appropriations, otherwise making funds available, or
granting authority, for any of the following categories of
projects and activities:
``(1) Agriculture, rural development, and related agencies
programs.
``(2) The Departments of Commerce, Justice, and State, the
Judiciary, and related agencies.
``(3) The Department of Defense.
``(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the
revenues of the District.
``(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(6) The Department of Housing and Urban Development, and
sundry independent agencies, boards, commissions,
corporations, and offices.
``(7) Energy and water development.
``(8) Foreign assistance and related programs.
``(9) The Department of the Interior and related agencies.
``(10) Military construction.
``(11) The Department of Transportation and related
agencies.
``(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain
independent agencies.
``(13) The legislative branch.''.
(b) Clerical Amendment.--The analysis of chapter 13 of
title 31, United States Code, is amended by inserting after
the item relating to section 1310 the following new item:

``1311. Continuing appropriations.''.

(c) Protection of Other Obligations.--Nothing in the
amendments made by this section shall be construed to effect
Government obligations mandated by other law, including
obligations with respect to Social Security, Medicare, and
Medicaid.

SEC. 703. EFFECTIVE DATE.

(a) Effective Date.--The amendments made by this Act shall
apply with respect to fiscal years beginning with fiscal year
1998.
____

Amendment No. 112

On page 81, line 19, strike ``98'' and insert in lieu
thereof ``100''.
____

Amendment No. 113

Beginning on page 50, strike line 12 and all that follows
through page 51, line 25, and insert the following:

SEC. 311. COMPLIANCE WITH THE ENDANGERED SPECIES ACT OF 1973
IN CONNECTION WITH FLOOD CONTROL PROJECTS.

The policy issued on February 19, 1997, by the United
States Fish and Wildlife Service that implements emergency
provisions of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) and applies to 46 California counties declared
by the President to be major disaster areas under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) shall--
(1) apply to all counties nationwide with respect to which
such a declaration is made at any time during 1997;
(2) apply to repair activities on flood control facilities
in response to an imminent threat to human lives and
property; and
(3) remain in effect until the Assistant Secretary of the
Army having responsibility for civil works determines that
100 percent of emergency repairs have been completed, except
that the policy shall not remain in effect after December 31,
1998.
______

TORRICELLI (AND LAUTENBERG) AMENDMENT NO. 114

(Ordered to lie on the table.)
Mr. TORRICELLI (for himself and Mr. Lautenberg) submitted an
amendment intended to be proposed by them to the bill, S. 672, supra;
as follows:

On page 57, between lines 3 and 4, insert the following:

SEC. . MICHAEL GILLICK CHILDHOOD CANCER RESEARCH.

(a) Findings.--Congress finds that--
(1) during the period from 1980 to 1988, Ocean County, New
Jersey, had a significantly higher rate of childhood cancer
than the rest of the United States, including a rate of brain
and central nervous system cancer that was nearly 70 percent
above the rate of other States;
(2) during the period from 1979 to 1991--
(A) there were 230 cases of childhood cancer in Ocean
County, of which 56 cases were in Dover Township, and of
those 14 were in Toms River alone;
(B) the rate of brain and central nervous system cancer of
children under 20 in Toms River was 3 times higher than
expected, and among children under 5 was 7 times higher than
expected; and
(C) Dover Township, which would have had a nearly normal
cancer rate if Toms River was excluded, had a 49 percent
higher cancer rate than the rest of the State and an 80
percent higher leukemia rate than the rest of the State; and
(3)(A) according to New Jersey State averages, a population
the size of Toms River should have 1.6 children under age 19
with cancer; and
(B) Toms River currently has 5 children under the age of 19
with cancer.
(b) Study.--
(1) In general.--The Administrator of the Agency for Toxic
Substances and Disease Registry shall conduct does-
reconstruction modeling and an epidemiological study of
childhood cancer in Dover Township, New Jersey, which may
also include the high incidence of neuroblastomas in Ocean
County, New Jersey.
(2) Grant to new jersey.--The Administrator may make 1 or
more grants to the State of New Jersey to carry out paragraph
(1).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this Act $6,000,000 for
fiscal years 1998 through 2000.
______

BOXER AMENDMENT NO. 115

(Ordered to lie on the table.)
Mrs. BOXER submitted an amendment intended to be proposed by her to
the bill, S. 672, supra; as follows:

Strike title VI and insert the following:

TITLE VI--EXTENSION OF SSI FOR CERTAIN ALIENS

SEC. 601. EXTENSION OF SSI REDETERMINATION PROVISIONS.

(a) In General.--Subject to subsection (d), in the case of
the specified Federal program defined in section 402(a)(3)(A)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 Act (8 U.S.C. 1612(a)(3)(A)),
section 402(a)(2)(D)(i) of such Act (8 U.S.C.
1612(a)(2)(D)(i) is applied--
(1) in subclause (I), by substituting ``September 30,
1997'' for ``the date which is 1 year after such date of
enactment''; and
(2) in subclause (III), by substituting ``September 30,
1997'' for ``the date of the redetermination with respect to
such individual''.
(b) Notice and Redetermination.--The Commissioner of Social
Security shall notify any individual described in section
402(A)(2)(D)(i) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(D)(i)), as applied by subsection (a), who, on or
after August 22, 1996, has been determined to be ineligible
for the specified Federal program defined in section
402(a)(3)(A) of such Act (8 U.S.C. 1612(a)(3)(A)) solely on
the basis of the application of section 402 of such Act (8
U.S.C. 1612), as in effect on the day before the date of
enactment of this Act, that the individual's eligibility for
such program shall be redetermined, and shall conduct such
redetermination in a timely manner. Subject to subsection
(d), any benefits that such an individual should have
received under any such program during the period beginning
on the date of the determination described in the preceding
sentence and ending on September 30, 1997, were it not for
the enactment of the Personal Responsibility and Work
Opportunity Reconciliation act of 1996, shall be restored to
that individual.
(c) Authorization of Appropriations.--There is authorized
to be appropriated for payment of benefits resulting from the
application of subsection (a) an amount not to exceed
$125,000,000 for fiscal year 1997, to remain available
without fiscal year limitation.
(d) Limitation of Application.--If the total amount of
additional benefits to be paid as a result of the application
of subsection (a) exceeds the amount appropriated pursuant to
subsection (c), then the benefits payable to each individual
made eligible by the application of subsection (a) shall be
reduced on a pro rata basis.
______

GRAMM AMENDMENTS NOS. 116-119

(Ordered to lie on the table.)
Mr. GRAMM submitted four amendments intended to be proposed by him to
the bill, S. 672, supra; as follows:

Amendment No. 116

At the appropriate place, insert the following:
Sec. 501. (a) Notwithstanding any other provision of this
Act, each amount of budget authority provided in a nonexempt
discretionary spending nondefense account for fiscal year
1997 for a program, project, or activity is reduced by the
uniform percentage necessary to offset nondefense budget
authority provided in this Act. The reductions required by
this subsection shall be implemented generally in accordance
with section 251 of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(b) Notwithstanding any other provision of this Act only
that portion of non-defense budget authority provided in this
Act that is obligated during fiscal year 1997 shall be
designated as an emergency requirement pursuant to section
251(b)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985. All remaining nondefense budget
authority provided in this Act shall not be available for
obligation until October 1, 1997.
____

Amendment No. 117

At the appropriate place, insert the following:
Sec. 501. Notwithstanding any other provision of this Act
or only that portion of nondefense budget authority provided
in this Act that is obligated during fiscal year 1997 shall
be designated as an emergency requirement pursuant to section
251(b)(2)(D)(i) if the Balanced Budget and Emergency Deficit
Control Act of 1985. All remaining nondefense budget
authority provided in this Act shall not be available for
obligation until October 1, 1997.
____

Amendment No. 118

At the appropriate place, insert the following:

[[Page S4021]]

Sec. . (a) Notwithstanding any other provision of this Act
or any other law, each amount of budget authority provided in
a nonexempt discretionary spending nondefense account for
fiscal year 1997 for a program, project, or activity is
reduced by the uniform percentage necessary to offset
nondefense budget authority provided in this Act. The
reductions required by this subsection shall be implemented
generally in accordance with section 251 of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(b) Notwithstanding any other provision of this Act or any
other provision of law, only that portion of nondefense
budget authority provided in this Act that is obligated
during fiscal year 1997 shall be designated as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
All remaining nondefense budget authority provided in this
Act shall not be available for obligation until October 1,
1997.
____

Amendment No. 119

At the appropriate place, insert the following:
Sec. . Notwithstanding any other provision of this Act or
any other provision of law, only that portion of nondefense
budget authority provided in this Act that is obligated
during fiscal year 1997 shall be designated as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
All remaining nondefense budget authority provided in this
Act shall not be available for obligation until October 1,
1997.
______

FEINSTEIN (AND COVERDELL) AMENDMENT NO. 120

(Ordered to lie on the table.)
Mrs. FEINSTEIN (for herself and Mr. Coverdell) submitted an amendment
intended to be proposed by them to the bill, S. 672, supra; as follows:

At the appropriate place, insert the following:

SEC. . CUSTOMS INSPECTIONS OF CERTAIN CARRIERS.

(a) Definitions.--In this section:
(1) Carrier.--The term ``carrier'' includes every
description of carriage or other contrivance used, or capable
of being used, as a means of transporting cargo on land, but
does not include automobiles or aircraft.
(2) Hard narcotic.--The term ``hard narcotic'' means--
(A) a depressant or stimulant substance as defined in
section 102(9) of the Controlled Substances Act (21 U.S.C.
802(9));
(B) marihuana as defined in section 102(16) of such Act (21
U.S.C. 802(16));
(C) a narcotic drug as defined in section 102(17) of such
Act (21 U.S.C. 802(17)); and
(D) an immediate precursor to a hard narcotic described in
subparagraph (A) or (C), as defined in section 102(23) of
such Act (21 U.S.C. 802(23)).
(3) Person.--The term ``person'' includes partnerships,
associations, and corporations.
(4) Related person.--A person is related to another person
if--
(A) the person bears a relationship to such other person
specified in section 267(b) or 707(b)(1) of the Internal
Revenue Code of 1986; or
(B) the person and such other person are engaged in trades
or businesses under common control (within the meaning of
subsections (a) and (b) of section 52 of the Internal Revenue
Code of 1986).

For purposes of subparagraph (A), ``10 percent'' shall be
substituted for ``50 percent'' in applying sections 267(b)(1)
and 707(b)(1) of such Code.
(b) List of Carriers, Shippers, and Importers.--
(1) In general.--Not later than January 1, 1998, the
Secretary of the Treasury shall compile a list of all persons
(including all related persons) who are carriers, shippers,
or importers and with respect to whom property or funds have
been seized by or otherwise forfeited to the United States in
connection with hard narcotics-related activity within the 10
years preceding publication of the list.
(2) Updates.--The Secretary of the Treasury shall update
the list described in paragraph (1) every 30 days.
(c) Inspection by Customs.--The Commissioner of Customs
shall direct customs officers to conduct inspections of all
carriers and cargo entered into the customs territory of the
United States if--
(1) the carrier, shipper, or importer of such cargo is a
person who is on the list compiled pursuant to subsection
(b); or
(2) after consultation with the Administrator of the Drug
Enforcement, the carrier, shipper, or importer of such cargo
is a person whom the Administrator determines warrants
inspection.
______

FEINSEIN AMENDMENT NO. 121

(Ordered to lie on the table.)
Mrs. FEINSTEIN submitted an amendment intended to be proposed by her
to the bill, S. 672, supra; as follows:

At the appropriate place, insert the following:

SEC. . REPORT AND CERTIFICATION REQUIRED.

(a) In General.--Notwithstanding any other provision of
law, the Secretary of Transportation shall not approve the
application of any Mexican motor carrier of property to
provide service across the United States-Mexico international
boundary line or by a Mexican owned or controlled enterprise
established in the United States to transport international
cargo in foreign commerce, until the report and certification
described in subsection (b) are submitted to Congress and a
joint resolution described in subsection (c) is enacted into
law.
(b) Report and Certification Described.--
(1) Report.--The report described in this subsection means
a written statement submitted to Congress not later than
September 1, 1997, by the President describing the following:
(A) The extent of any significant and demonstrable progress
made by the Government of the United States and the
Government of Mexico, respectively, during the period
beginning on March 1, 1997, and ending on the date of the
report in achieving the following objectives relating to
counterdrug cooperation:
(i) The investigation and dismantlement of the principal
organizations responsible for drug trafficking and related
crimes in both Mexico and the United States, including the
prevention and elimination of their activities, the
prosecution or extradition and incarceration of their
leaders, and the seizure of their assets.
(ii) The development and strengthening of permanent working
relationships between the United States and Mexico law
enforcement agencies, with particular reference to law
enforcement directed against drug trafficking and related
crimes, including full funding and deployment of the
Binational Border Task Forces as agreed upon by both
governments.
(iii) The strengthening of bilateral border enforcement,
including more effective screening for and seizure of
contraband.
(iv) The denial of safe havens to persons and organizations
responsible for drug trafficking and related crimes and the
improvement of cooperation on extradition matters between
both countries.
(v) The simplification of evidentiary requirements for
narcotics crimes and related crimes and for violence against
law enforcement officers.
(vi) The full implementation of effective laws and
regulations for banks and other financial institutions to
combat money laundering, including the enforcement of
penalties for non-compliance by such institutions, and the
prosecution of money launderers and seizure of their assets.
(vii) The eradication of crops destined for illicit drug
use in Mexico and in the United States in order to minimize
and eventually eliminate the production of such crops.
(viii) The establishment and implementation of a
comprehensive screening process to assess the suitability and
financial and criminal background of all law enforcement and
other officials involved in the fight against organized
crime, including narcotics trafficking.
(ix) The rendering of support to Mexico in its efforts to
identify, remove, and prosecute corrupt officials at all
levels of government, including law enforcement and military
officials.
(x) The augmentation and strengthening of bilateral
cooperation.
(B) The extent of any significant and demonstrable progress
made by the Government of the United States during the period
beginning on March 1, 1997, and ending on the date of the
report in--
(i) implementing a comprehensive anti-drug education effort
in the United States targeted at reversing the rise in drug
use by America's youth;
(ii) implementing a comprehensive international drug
interdiction and enforcement strategy; and
(iii) deploying 1,000 additional active-duty, full-time
patrol agents within the Immigration and Naturalization
Service in fiscal year 1997 as required by section 101 of
division C of the Omnibus Consolidated Appropriations Act,
1997 (Public Law 104-208).
(2) Certification.--The certification described in this
subsection means a written statement submitted to Congress by
the Secretary of Transportation certifying that--
(A) the operating authority described in subsection (a)
shall not be granted to any Mexican motor carrier, driver,
enterprise, or broker unless such carrier, driver,
enterprise, or broker is aware of and is complying, while
operating in the United States, with the Federal motor
carrier safety rules;
(B) the Department of Transportation or the States in which
the carrier will operate have in place a full-time
enforcement program with respect to the requirements
described in subparagraph (A); and
(C) the Department of Transportation or the States in which
the carrier will operate have in place an on-going program of
monitoring and evaluating the requirements described in
subparagraph (A).
(c) Joint Resolution Described; Procedural Requirements.--
(1) In general.--For purposes of subsection (a), a joint
resolution is described in this subsection if it is a joint
resolution of the 2 Houses of Congress and the matter after
the resolving clause of such joint resolution is as follows:
``That Congress authorizes the Secretary of Transportation to
approve applications submitted by Mexican motor carriers of
property, drivers, enterprises, and brokers to operate across
the United States-Mexico international boundary line and by
Mexican owned or controlled enterprises to transport
international cargo in the United States, if

[[Page S4022]]

the Secretary is satisfied that the carrier, driver,
enterprise, or broker, as the case may be, meets United
States safety, health, and operating standards, and any other
applicable standard, for such operations.''.
(2) Procedural provisions.--The requirements of this
subsection are met if Congress adopts and transmits the joint
resolution described in paragraph (1) to the President at any
time after Congress receives the report and certification
described in subsection (b).
______

HUTCHISON AMENDMENTS NOS. 122-125

(Ordered to lie on the table.)
Mrs. HUTCHISON submitted four amendments intended to be proposed by
her to the bill, S. 672, supra; as follows:

Amendment No. 122

Beginning on page 76, line 7 strike ``0.2'' and insert
``0.1''.
____

Amendment No. 123

Beginning on page 76, line 7 strike ``0.2'' and insert
``0.05''.
____

Amendment No. 124

Beginning on page 75, strike line 17 and all that follows
through page 78, line 15 and insert the following:
``(a) State Entitlement.--
``(1) In general.--In addition to any other payment under
this title, subject to the amount appropriated under
subsection (g) for a fiscal year and paragraph (3), each
State described in paragraph (2) shall, for the purpose of
providing assistance to an eligible individual, as defined in
subsection (e)(1), be entitled to a grant under this section
for that fiscal year in an amount that bears the same ratio
to the amount appropriated under subsection (g) as the number
of individuals described in subsection (e)(1) bears to the
total number of such individuals in all such States as of
June 1, 1997, as determined by the Secretary.
``(2) State described.--A State described in this paragraph
is a State in which at least 5000 noncitizens received
benefits under the Federal program described in subsection
(e)(2) in December 1996, according to the census population
estimate as of July 1, 1996.
``(3) Pro rata reductions.--If the amount appropriated
pursuant to subsection (g) is insufficient to pay the total
amount of funds required to be paid to a State described in
paragraph (2) under this section, then such funds shall be
reduced on a pro rata basis.
``(4) Redistribution.--
``(A) In general.--With respect to any fiscal year, if the
Secretary determines (in accordance with subparagraph (B))
that amounts under any grant awarded to a State under this
section for such fiscal year will not be used by such State
during such fiscal year, the Secretary shall make such
amounts available in the subsequent fiscal year to 1 or more
States described in paragraph (2) which apply for such funds
to the extent the Secretary determines that such States will
be able to use such additional amounts for the purpose of
providing assistance to an eligible individual, as defined in
subsection (e)(1). Such available amounts shall be
redistributed among such States in the same manner as funds
are distributed under paragraph (1).
``(B) Time of determination and distribution.--The
determination of the Secretary under subparagraph (A) for a
fiscal year shall be made not later than the end of the first
quarter of the subsequent fiscal year. The redistribution of
amounts under subparagraph (A) shall be made as close as
practicable to the date on which such determination is made.
Any amount made available to a State from an appropriation
for a fiscal year in accordance with this paragraph shall be
regarded as part of such State's payment for the fiscal year
in which the redistribution is made.
____

Amendment No. 125

At the appropriate place, insert the following:

SEC. . AGREEMENTS UNDER THE ENDANGERED SPECIES ACT OF 1973.

CONRAD (AND DORGAN) AMENDMENT NO. 126

(Ordered to lie on the table.)
Mr. CONRAD (for himself and Mr. Dorgan) submitted an amendment
intended to be proposed by him to the bill, S. 672, supra; as follows:

On page 9, between lines 9 and 10, insert the following:
Sec. 108. (a) The Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff and the
National Defense Panel established under section 924 of
Public Law 104-201 (110 Stat. 2626), shall take immediate
action to ensure that a thorough assessment of the
capabilities of all 94 of the B-52H bomber aircraft in active
service in fiscal year 1997 is conducted.
(b) The report required by paragraph (1) of section 924(e)
of Public Law 104-201 (110 Stat. 2627) shall include the
assessment of capabilities required by subsection (a). The
Secretary of Defense shall include the Secretary's views, and
the views of the Chairman of the Joint Chiefs of Staff, on
the assessment in the submission required by paragraph (2) of
that section.
______

COVERDELL (AND FEINSTEIN) AMENDMENTS NOS. 127-128

(Ordered to lie on the table.)
Mr. COVERDELL (for himself and Mrs. Feinstein) submitted two
amendments intended to be proposed by them to the bill, S. 672, supra;
as follows:

Amendment No. 127

At the appropriate place in the bill, add the following:

TITLE --COUNTERDRUG ACTIVITIES

SEC. . REPORT ON COOPERATION BETWEEN UNITED STATES AND
MEXICO IN COUNTERDRUG ACTIVITIES.

Not later than September 1, 1997, the President shall
submit to Congress a report describing the following:
(1) The extent of any significant and demonstrable progress
made by the Government of the United States and the
Government of Mexico, respectively, during the period
beginning on March 1, 1997, and ending on the date of the
report in achieving the following objectives relating to
counterdrug cooperation:
(A) The investigation and dismantlement of the principal
organizations responsible for drug trafficking and related
crimes in both Mexico and the United States, including the
prevention and elimination of their activities, the
prosecution or extradition and incarceration of their
leaders, and the seizure of their assets.
(B) The development and strengthening of permanent working
relationships between the United States and Mexico law
enforcement agencies, with particular reference to law
enforcement directed against drug trafficking and related
crimes, including full funding and deployment of the
Binational Border Task Forces as agreed upon by both
governments.
(C) The strengthening of bilateral border enforcement,
including more effective screening for and seizure of
contraband.
(D) The denial of safe havens to persons and organizations
responsible for drug trafficking and related crimes and the
improvement of cooperation on extradition matters between
both countries.
(E) The simplification of evidentiary requirements for
narcotics crimes and related crimes and for violence against
law enforcement officers.
(F) The full implementation of effective laws and
regulations for banks and other financial institutions to
combat money laundering, including the enforcement of
penalties for non-compliance by such institutions, and the
prosecution of money launderers and seizure of their assets.
(G) The eradication of crops destined for illicit drug use
in Mexico and in the United States in order to minimize and
eventually eliminate the production of such crops.
(H) The establishment and implementation of a comprehensive
screening process to assess the suitability and financial and
criminal background of all law enforcement and other
officials involved in the fight against organized crime,
including narcotics trafficking.
(I) The rendering of support to Mexico in its efforts to
identify, remove, and prosecute corrupt officials at all
levels of government, including law enforcement and military
officials.
(J) The augmentation and strengthening of bilateral
cooperation.
(2) The extent of any significant and demonstrable progress
made by the Government of the United States during the period

[[Page S4023]]

beginning on March 1, 1997, and ending on the date of the
report in--
(A) implementing a comprehensive anti-drug education effort
in the United States targeted at reversing the rise in drug
use by America's youth;
(B) implementing a comprehensive international drug
interdiction and enforcement strategy; and
(C) deploying 1,000 additional active-duty, full-time
patrol agents within the Immigration and Naturalization
Service in fiscal year 1997 as required by section 101 of
division C of the Omnibus Consolidated Appropriations Act,
1997 (Public Law 104-208).

SEC. . REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING
IN THE WESTERN HEMISPHERE.

(a) Sense of Congress on Discussions for Alliance.--
(1) Sense of congress.--It is the sense of Congress that
the President should discuss with the democratically-elected
governments of the Western Hemisphere, during the President's
trips in the region in 1997 and through other consultations,
the prospect of forming a multilateral alliance to address
problems relating to international drug trafficking in the
Western Hemisphere.
(2) Consultations.--In the consultations on the prospect of
forming an alliance described in paragraph (1), the President
should seek the input of such governments on the possibility
of forming one or more structures within the alliance--
(A) to develop a regional, multilateral strategy to address
the threat posed to nations in the Western Hemisphere by drug
trafficking; and
(B) to establish a new mechanism for improving multilateral
coordination of drug interdiction and drug-related law
enforcement activities in the Western Hemisphere.
(b) Report.--
(1) Requirement.--Not later than October 1, 1997, the
President shall submit to Congress a report on the proposal
discussed under subsection (a). The report shall include the
following:
(A) An analysis of the reactions of the governments
concerned to the proposal.
(B) An assessment of the proposal, including an evaluation
of the feasibility and advisability of forming the alliance.
(C) A determination in light of the analysis and assessment
whether or not the formation of the alliance is in the
national interests of the United States.
(D) If the President determines that the formation of the
alliance is in the national interests of the United States, a
plan for encouraging and facilitating the formation of the
alliance.
(E) If the President determines that the formation of the
alliance is not in the national interests of the United
States, an alternative proposal to improve significantly
efforts against the threats posed by narcotics trafficking in
the Western Hemisphere, including an explanation of how the
alternative proposal will--
(i) improve upon current cooperation and coordination of
counter-drug efforts among nations in the Western Hemisphere;
(ii) provide for the allocation of the resources required
to make significant progress in disrupting and disbanding the
criminal organizations responsible for the trafficking of
illegal drugs in the Western Hemisphere; and
(iii) differ from and improve upon past strategies adopted
by the United States Government which have failed to make
sufficient progress against the trafficking of illegal drugs
in the Western Hemisphere.
(2) Unclassified form.--The report under paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.
____

Amendment No. 128

At the appropriate place in the bill, add the following:
TITLE ____--COUNTERDRUG ACTIVITIES

SEC. ____. REPORT ON COOPERATION BETWEEN UNITED STATES AND
MEXICO IN COUNTERDRUG ACTIVITIES.

SEC. ____. CUSTOMS INSPECTIONS OF CERTAIN CARRIERS.

(a) Definitions.--In this section:
(1) Carrier.-- The term ``carrier'' includes every
description of carriage or other contrivance used, or capable
of being used, as a means of transporting cargo on land, but
does not include automobiles or aircraft.
(2) Hard narcotic.--The term ``hard narcotic'' means--
(A) a depressant or stimulant substance as defined in
section 102(9) of the Controlled Substances Act (21 U.S.C.
802(9));
(B) marihuana as defined in section 102(16) of such Act (21
U.S.C. 802(16));
(C) a narcotic drug as defined in section 102(17) of such
Act (21 U.S.C. 802(17)); and
(D) an immediate precursor to a hard narcotic described in
subparagraph (A) or (C), as defined in section 102(23) of
such Act (21 U.S.C. 802(23)).
(3) Person.--The term ``person'' includes partnerships,
associations, and corporations.
(4) Related person.--A person is related to another person
if--
(A) the person bears a relationship to such other person
specified in section 267(b) or 707(b)(1) of the Internal
Revenue Code of 1986; or
(B) the person and such other person are engaged in trades
or businesses under common control (within the meaning of
subsections (a) and (b) of section 52 of the Internal Revenue
Code of 1986).

SEC. ____. REPORT ON AN ALLIANCE AGAINST NARCOTICS
TRAFFICKING IN THE WESTERN HEMISPHERE.

[[Page S4024]]

on the possibility of forming one or more structures within
the alliance--
(A) to develop a regional, multilateral strategy to address
the threat posed to nations in the Western Hemisphere by drug
trafficking; and
(B) to establish a new mechanism for improving multilateral
coordination of drug interdiction and drug-related law
enforcement activities in the Western Hemisphere.
(b) Report.--
(1) Requirement.--Not later than October 1, 1997, the
President shall submit to Congress a report on the proposal
discussed under subsection (a). The report shall include the
following:
(A) An analysis of the reactions of the governments
concerned to the proposal.
(B) An assessment of the proposal, including an evaluation
of the feasibility and advisability of forming the alliance.
(C) A determination in light of the analysis and assessment
whether or not the formation of the alliance is in the
national interests of the United States.
(D) If the President determines that the formation of the
alliance is in the national interests of the United States, a
plan for encouraging and facilitating the formation of the
alliance.
(E) If the President determines that the formation of the
alliance is not in the national interests of the United
States, an alternative proposal to improve significantly
efforts against the threats posed by narcotics trafficking in
the Western Hemisphere, including an explanation of how the
alternative proposal will--
(i) improve upon current cooperation and coordination of
counter-drug efforts among nations in the Western Hemisphere;
(ii) provide for the allocation of the resources required
to make significant progress in disrupting and disbanding the
criminal organizations responsible for the trafficking of
illegal drugs in the Western Hemisphere; and
(iii) differ from and improve upon past strategies adopted
by the United States Government which have failed to make
sufficient progress against the trafficking of illegal drugs
in the Western Hemisphere.
(2) Unclassified form.--The report under paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.
______

COVERDELL AMENDMENTS NOS. 129-130

(Ordered to lie on the table.)
Mr. COVERDELL submitted two amendments intended to be proposed by him
to the bill, S. 672, supra; as follows:

Amendment No. 129

On page 85, between lines 9 and 10, insert the following:

TITLE VIII--MISCELLANEOUS

SEC. 801. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING
IN THE WESTERN HEMISPHERE.

Amendment No. 130

On page 66, line 15, replace ``$2,000,000'' with
``$1,600,000''.
______

BIDEN (AND OTHERS) AMENDMENTS NOS. 131-133

(Ordered to lie on the table.)
Mr. BIDEN (for himself, Mr. Reid, and Mr. Roth) submitted three
amendments intended to be proposed by them to the bill, S. 672, supra;
as follows:

Amendment No. 131

On page 48, strike lines 15 through 23 and insert the
following:

SEC. 306. DELAWARE RIVER BASIN COMMISSION; SUSQUEHANNA RIVER
BASIN COMMISSION.

(a) Compensation of Alternate Members.--During fiscal year
1997 and each fiscal year thereafter, compensation for the
alternate members of the Delaware River Basin Commission
appointed under the Delaware River Basin Compact (Public Law
87-328) and for the alternate members of the Susquehanna
River Basin Commission appointed under the Susquehanna River
Basin Compact (Public Law 91-575) shall be provided by the
Secretary of the Interior.
(b) Immediate Contribution.--As soon as practicable after
the date of enactment of this Act, the Secretary of the
Interior shall make a contribution to each of the Delaware
River Basin Commission and the Susquehanna River Basin
Commission for fiscal year 1997 an amount of funds that bears
the same proportion to the amount of funds contributed for
fiscal year 1996 as the number of days remaining in fiscal
year 1997 as of the date of enactment of this Act bears to
the number 365.
____

Amendment No. 132

On page 48, strike lines 15 through 23 and insert the
following:

SEC. 306. DELAWARE RIVER BASIN COMMISSION; SUSQUEHANNA RIVER
BASIN COMMISSION.

Amendment No. 133

On page 48, strike lines 15 through 23.
______

MURRAY AMENDMENT NO. 134

(Ordered to lie on the table.)
Mrs. MURRAY submitted an amendment intended to be proposed by her to
the bill, S. 672, supra; as follows:

At the appropriate place, insert the following:

state option to issue food stamp benefits to certain individuals made
ineligible by welfare reform

Sec. . Section 7 of the Food Stamp Act of 1977 (7 U.S.C.
2016) is amended by--
(a) inserting in subsection (a) after ``necessary, and'',
``except as provided in subsection (j),'' and
(b) inserting a new subsection (j) as follows--
``(j)(1) A State agency may, with the concurrence of the
Secretary, issue coupons to individuals who are ineligible to
participate in the food stamp program solely because of the
provisions of section 6(o)(2) of this Act or sections 402 and
403 of the Personal Responsibility and Work Opportunity Act
of 1996. A State agency that issues coupons under this
subsection shall pay the Secretary the face value of the
coupons issued under this subsection and the cost of
printing, shipping, and redeeming the coupons, as well as any
other Federal costs involved, as determined by the Secretary.
A state agency shall pay the Secretary for coupons issued
under this subsection and for the associated Federal costs
issued under this subsection no later than the time the State
agency issues such coupons to recipients. In making payments,
the State agency shall comply with procedures developed by
the Secretary. Notwithstanding 31 U.S.C. 3302(b), payments
received by the Secretary for such coupons and for the
associated Federal costs shall be credited to the food stamp
program appropriation account or the account from which such
associated costs were drawn, as appropriate, for the fiscal
year in which the payment is received. The State agency shall
comply with reporting requirements established by the
Secretary.
``(2) A State agency that issues coupons under this
subsection shall submit a plan, subject to the approval of
the Secretary, describing the conditions under which coupons
will be issued, including, but not limited to,

[[Page S4025]]

eligibility standards, benefit levels, and the methodology
the State will use to determine amounts owed the Secretary.
``(3) A State agency shall not issue benefits under this
subsection--
``(A) to individuals who have been made ineligible under
any provision of section 6 of this Act other than section
6(o)(2); or
``(B) in any area of the State where an electronic benefit
transfer system has been implemented.
``(4) The value of coupons provided under this subsection
shall not be considered income or resources for any purpose
under any Federal laws, including, but not limited to, laws
relating to taxation, welfare, and public assistance
programs.
``(5) Any sanction, disqualification, fine or other penalty
prescribed in Federal law, including, but not limited to,
sections 12 and 15 of this Act, shall apply to violations in
connection with any coupon or coupons issued pursuant to this
subsection.
``(6) Administrative and other costs associated with the
provision of coupons under this subsection shall not be
eligible for reimbursement or any other form of Federal
funding under section 16 or any other provision of this Act.
``(7) That portion of a household's allotment issued
pursuant to this subsection shall be excluded from any sample
taken for purposes of making any determination under the
system of enhanced payment accuracy established in section
16(c).''.

conforming amendment

Sec. . Section 17(b)(I)(R)(iv) of the Food Stamp Act of
1977 is amended by--
(a) striking ``or'' in subclause (V);
(b) striking the period at the end of subclause (VI) and
inserting ``; or''; and
(c) inserting a new subclause (VII) as follows--
``(VII) waives a provision of section 7(j).''.
______

DeWINE AMENDMENT NO. 135

(Ordered to lie on the table.)
Mr. DeWINE submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

On page 34, between lines 2 and 3, insert the following:

Animal and Plant Health Inspection Service

Animal Damage Control Unit

For an additional amount for the eradication of rabies in
the State of Ohio, $1,000,000.
______

McCAIN AMENDMENT NO. 136

(Ordered to lie on the table.)
Mr. McCAIN submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

On page 39, line 23, strike ``shall'' and insert ``may''.
On page 40, line 1, strike ``shall'' and insert ``may''.
On page 40, line 3, strike ``shall'' and insert ``may''.
On page 40, line 7, strike ``shall'' and insert ``may''.
On page 40, line 16, strike ``shall'' and insert ``may''.
On page 40, line 19, strike ``shall'' and insert ``may''.
______

COVERDELL AMENDMENT NO. 137

(Ordered to lie on the table.)
Mr. COVERDELL submitted an amendment intended to be proposed by him
to the bill, S. 672, supra; as follows:

On page 85, between lines 9 and 10, insert the following:

TITLE VIII--SAVANNAH RIVER DEEPENING

SEC. 801. SAVANNAH RIVER DEEPENING.

Nothwithstanding section 203 of the Water Resources
Development Act of 1986 (33 U.S.C. 2231), the Secretary of
the Army shall use amounts made available for fiscal year
1998 for the Federal share of the costs of the feasibility
study for the project for deepening of the Savannah River,
Georgia, to reimburse the State of Georgia for amounts
expended by the State to carry out the study at such time as
the Secretary of the Army approves the feasibility report.
______

KEMPTHORNE AMENDMENTS NOS. 138-139

(Ordered to lie on the table.)
Mr. KEMPTHORNE submitted two amendments intended to be proposed by
him to the bill, S. 672, supra; as follows:

Amendment No. 138

At the appropriate place, insert the following:
``(a) Consultation or Conferencing.--Consultation or
conferencing shall not be required under section 7(a)(2) or
section 7(a)(4) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)) for any action authorized, funded, or carried
out by any Federal agency to repair a Federal or non-Federal
flood control project, facility or structure, if the Federal
agency authorizing, funding or carrying out the action
determines that the repair is needed to address an imminent
threat to public health or safety that has resulted, or that
may result, from a catastrophic natural event in 1996 or
1997. For purposes of this section, the term repair shall
include preventive measures to anticipate the impact of a
catastrophic event and remedial measures to restore the
project, facility, or structure to a condition that will
provide for public health and safety.
``(b) Mitigation.--In the event that the Secretary
determines that an action to repair a flood control project,
facility or structure under subsection (a) will result in the
incidental take of an endangered species of fish or wildlife
otherwise prohibited under section 9 of the Endangered
Species Act, or a threatened species to which the incidental
take prohibition of section 9 has been applied by regulation,
the Secretary may propose reasonable and prudent measures to
mitigate the impact of the action on the species. Any
reasonable and prudent measures proposed under this
subsection shall be related both in nature and in extent to
the effect of the action taken to repair the flood control
project, facility or structure. The costs of such reasonable
and prudent measures shall be borne by the Federal agency
authorizing, funding or carrying out the action.''
____

Amendment No. 139

At the appropriate place, insert the following:
``(a) Consultation or Conferencing.--Consultation or
conferencing under section 7(a)(2) or section 7(a)(4) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)) for any
action authorized, funded, or carried out by any Federal
agency to repair a Federal or non-Federal flood control
project, facility or structure, may be deferred until after
the completion of the action if the Federal agency
authorizing, funding or carrying out the action determines
that the repair is needed to address an imminent threat to
public health or safety that has resulted, or that may
result, from a catastrophic natural event in 1996 or 1997.
For purposes of this section, the term repair shall include
preventive measures to anticipate the impact of a
catastrophic event and remedial measures to restore the
project, facility, or structure to a condition that will
prevent an imminent threat to public health or safety.
``(b) Mitigation.--Any reasonable and prudent measures
proposed under section 7 of the Endangered Species Act to
mitigate the impact of an action taken under this section on
an endangered species, or a threatened species to which the
incidental take prohibition of Section 9 has been applied by
regulation, shall be related both in nature and in extent to
the effect of the action taken to repair the flood control
project, facility or structure. The costs of such reasonable
and prudent measures shall be borne by the Federal agency
authorizing, funding or carrying out the action.''
______

BYRD AMENDMENT NO. 140

(Ordered to lie on the table.)
Mr. BYRD submitted an amendment intended to be proposed by him to the
bill, S. 672, supra; as follows:

On page 28, line 8, strike the words ``in the Northern
Plains states'' and insert ``in September 1996, and ''.
______

FORD AMENDMENT NO. 141

(Ordered to lie on the table.)
Mr. FORD submitted an amendment intended to be proposed by him to the
bill, S. 672, supra; as follows:

On page 9, between lines 9 and 10, insert the following:

SEC. 108. AUTHORITY OF SECRETARY OF DEFENSE TO ENTER INTO
LEASE OF BUILDING NO. 1, LEXINGTON BLUE GRASS
STATION, LEXINGTON, KENTUCKY.

(a) Authority To Enter Into Lease.--Notwithstanding any
other provision of law, the Secretary of Defense may enter
into an agreement for the lease of Building No. 1, Lexington
Blue Grass Station, Lexington, Kentucky, and any real
property associated with the building, for purposes of the
use of the building by the Defense Finance and Accounting
Service. The agreement shall meet the requirements of this
section.
(b) Term.--(1) The agreement under this section shall
provide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the term
of the lease.
(2) The agreement shall include a provision specifying
that, if the Secretary ceases to require the leased building
for purpose of the use of the building by the Defense Finance
and Accounting Service before the expiration of the term of
the lease (including any extension or renewal of the term
under an option provided for in paragraph (1)), the remainder
of the lease term may, upon the approval of the lessor of the
building, be satisfied by the Secretary or another department
or agency of the Federal Government (including a military
department) for another purpose similar to such purpose.
(c) Consideration.--(1) The agreement under this section
may not require rental payments by the United States under
the lease under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment
of any utilities associated with the lease of the building
covered by the agreement and for maintenance and repair of
the building.
(d) Improvement.--The agreement under this section may
provide for the improvement of the building covered by the
agreement by the Secretary or other lessee, if any, under
subsection (b)(2).

[[Page S4026]]

(e) Limitation on Certain Activities.--The Secretary may
not pay the costs of any utilities, maintenance and repair,
or improvements under this lease under this section in any
fiscal year unless funds are appropriated or otherwise made
available for the Department of Defense for such payment in
the such fiscal year.
______

HOLLINGS (AND OTHERS) AMENDMENT NO. 142

(Ordered to lie on the table.)
Mr. HOLLINGS (for himself, Mr. Inouye, and Mr. Dorgan) submitted an
amendment intended to be proposed by them to the bill, S. 672, supra;
as follows:

At the appropriate place, insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Children's Protection from
Violent Programming Act''.

SEC. 2. FINDINGS.

The Congress makes the following findings:
(1) Television influences children's perception of the
values and behavior that are common and acceptable in
society.
(2) Broadcast television, cable television, and video
programming are--
(A) uniquely pervasive presences in the lives of all
American children; and
(B) are readily accessible to all American children.
(3) Violent video programming influences children, as does
indecent programming.
(4) There is empirical evidence that children exposed to
violent video programming at a young age have a higher
tendency to engage in violent and aggressive behavior later
in life than those children not so exposed.
(5) Children exposed to violent video programming are prone
to assume that acts of violence are acceptable behavior and
therefore to imitate such behavior.
(6) Children exposed to violent video programming have an
increased fear of becoming a victim of violence, resulting in
increased self-protective behaviors and increased mistrust of
others.
(7) There is a compelling governmental interest in limiting
the negative influences of violent video programming on
children.
(8) There is a compelling governmental interest in
channeling programming with violent content to periods of the
day when children are not likely to comprise a substantial
portion of the television audience.
(9) Age-based ratings systems do not allow parents to block
programming based solely on violent content thereby rendering
ineffective any technology-based blocking mechanism designed
to limit violent video programming.
(10) If programming is not rated specifically for violent
content and therefore cannot be blocked solely on the basis
of its violent content, then restricting the hours when
violent video programming is shown is the least restrictive
and most narrowly tailored means to achieve a compelling
governmental interest.
(11) Studies show that warning labels based on age
restrictions tend to encourage children's desire to watch
restricted programming.
(12) Technology-based solutions may be helpful in
protecting some children, but may not be effective in
achieving the compelling governmental interest in protecting
all children from violent programming when parents are only
able to block programming based on the age of the child and
not on the violent content of the programming.
(13) Absent the ability to block programming based
specifically on the violent content of the programming, the
channeling of violent programming is the least restrictive
means to limit unsupervised children from the harmful
influences of violent programming.
(14) Restricting the hours when violent programming can be
shown protects the interests of children whose parents are
unavailable, unable to supervise their children's viewing
behavior, do not have the benefit of technology-based
solutions, or unable to afford the costs of technology-based
solutions.

SEC. 3. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING.

Title VII of the Communications Act of 1934 (47 U.S.C. 701
et seq.) is amended by adding at the end the following:

``SEC. 718. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO
PROGRAMMING NOT SPECIFICALLY BLOCKABLE BY
ELECTRONIC MEANS.

``(a) Unlawful Distribution.--It shall be unlawful for any
person to distribute to the public any violent video
programming not blockable by electronic means specifically on
the basis of its violent content during hours when children
are reasonably likely to comprise a substantial portion of
the audience.
``(b) Rulemaking Proceeding.--The Commission shall conduct
a rulemaking proceeding to implement the provisions of this
section and shall promulgate final regulations pursuant to
that proceeding not later than 9 months after the date of
enactment of the Children's Protection from Violent
Programming Act. As part of that proceeding, the Commission--
``(1) may exempt from the prohibition under subsection (a)
programming (including new programs and sporting events)
whose distribution does not conflict with the objective of
protecting children from the negative influences of violent
video programming, as that objective is reflected in the
findings in section 551(a) of the Telecommunications Act of
1996;
``(2) shall exempt premium and pay-per-view cable
programming; and
``(3) shall define the term `hours when children are
reasonably likely to comprise a substantial portion of the
audience' and the term `violent video programming'.
``(c) Repeat Violations.--If a person repeatedly violates
this section or any regulation promulgated under this
section, the Commission shall, after notice and opportunity
for hearing, immediately revoke any license issued to that
person under this Act.
``(d) Consideration Of Violations In License Renewals.--The
Commission shall consider, among the elements in its review
of an application for renewal of a license under this Act,
whether the licensee has complied with this section and the
regulations promulgated under this section.
``(e) Definitions.--For purposes of this section--
``(1) Blockable by electronic means.--The term `blockable
by electronic means' means blockable by the feature described
in section 303(x).
``(2) Distribute.--The term `distribute' means to send,
transmit, retransmit, telecast, broadcast, or cablecast,
including by wire, microwave, or satellite.''.

SEC. 4. ASSESSMENT OF EFFECTIVENESS.

(a) Report.--The Federal Communications Commission shall--
(1) assess the effectiveness of measures undertaken under
section 718 of the Communications Act of 1934 (47 U.S.C. 718)
and under subsections (w) and (x) of section 303 of that Act
(47 U.S.C. 303(w) and (x)) in accomplishing the purposes for
which they were enacted; and
(2) report its findings to the Committee on Commerce,
Science, and Transportation of the United States Senate and
the Committee on Commerce of the United States House of
Representatives,

within 18 months after the date on which the regulations
promulgated under section 718 of the Communications Act of
1934 (as added by section 2 of this Act) take effect, and
thereafter as part of the biennial review of regulations
required by section 11 of that Act (47 U.S.C. 161).
(b) Action.--If the Commission finds at any time, as a
result of its assessment under subsection (a), that the
measures referred to in subsection (a)(1) are insufficiently
effective, then the Commission shall initiate a rulemaking
proceeding to prohibit the distribution of violent video
programming during the hours when children are reasonably
likely to comprise a substantial portion of the audience.
(c) Definitions.--Any term used in this section that is
defined in section 718 of the Communications Act of 1934 (47
U.S.C. 718), or in regulations under that section, has the
meaning as when used in that section or in those regulations.

SEC. 5. SEPARABILITY.

If any provision of this Act, or any provision of an
amendment made by this Act, or the application thereof to
particular persons or circumstances, is found to be
unconstitutional, the remainder of this Act or that
amendment, or the application thereof to other persons or
circumstances shall not be affected.

SEC. 6. EFFECTIVE DATE.

The prohibition contained in section 718 of the
Communications Act of 1934 (as added by section 2 of this
Act) and the regulations promulgated thereunder shall take
effect 1 year after the regulations are adopted by the
Commission.
______

REID (AND STEVENS) AMENDMENT NO. 143

Mr. STEVENS (for Mr. Reid for himself and Mr. Stevens) proposed an
amendment to the bill, S. 672, supra; as follows:

On page 18, line 15, following ``fund:'' insert the
following: ``Provided, That the Secretary of the Army is
directed to use from available balances of the funds
appropriated herein to perform such emergency dredging and
snagging and clearing of the Truckee River, Nevada, and the
San Joaquin River channel, California, as the Secretary
determines to be necessary as the result of the January 1997
flooding in Nevada and California; and dredging of shoaling
which has occurred downstream from the Federal Chena River
Flood Control Facility:''.
______

DOMENICI (AND OTHERS) AMENDMENT NO. 144

(Ordered to lie on the table.)
Mr. DOMENICI (for himself, Mr. Bingaman, Mr. Brownback, and Mr.
Roberts) submitted an amendment intended to be proposed by them to the
bill, S. 672, supra; as follows:

At the appropriate place, add the following:

SEC. . TECHNICAL AMENDMENTS RELATING TO DISCLOSURES
REQUIRED WITH RESPECT TO GRADUATION RATES.

(a) Amendments.--Section 485 of the Higher Education Act of
1965 (20 U.S.C. 1092) is amended--
(1) in subsection (a)(3)(B), by striking ``June 30'' and
inserting ``August 31''; and
(2) in subsection (e)(9), by striking ``August 30'' and
inserting ``August 31''.

[[Page S4027]]

(b) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) are effective upon
enactment.
(2) Information dissemination.--No institution shall be
required to comply with the amendment made by subsection
(a)(1) before July 1, 1998.

SEC. . DATE EXTENSION.

Section 1501(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6491(a)(4)) is amended by
striking ``January 1, 1998'' and inserting ``January 1,
1999''.

SEC. . TIMELY FILING OF NOTICE.

Notwithstanding any other provision of law, the Secretary
of Education shall deem Kansas and New Mexico to have timely
submitted under section 8009(c)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7709(c)(1)) the
States' written notices of intent to consider payments
described in section 8009(b)(1) of the Act (20 U.S.C.
7709(b)(1)) in providing State aid to local educational
agencies for school year 1997-1998, except that the Secretary
may require the States to submit such additional information
as the Secretary may require, which information shall be
considered part of the notices.

SEC. . HOLD HARMLESS PAYMENTS.

Section 8002(h)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(h)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) for fiscal year 1997 and each succeeding fiscal year
through fiscal year 2000 shall not be less than 85 percent of
the amount such agency received for fiscal year 1996 under
subsection (b).''.

SEC. . DATA.

(a) In General.--Section 8003(f)(4) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(4)) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``expenditure,'' after ``revenue,''; and
(B) by striking the semicolon and inserting a period;
(2) by striking ``the Secretary'' and all that follows
through ``shall use'' and inserting ``the Secretary shall
use''; and
(3) by striking subparagraph (B).
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to fiscal years after fiscal year
1997.
______

STEVENS (AND OTHERS) AMENDMENT NO. 145

(Ordered to lie on the table.)
Mr. STEVENS (for himself, Mr. Chafee, Mr. D'Amato, Mr. DeWine, and
Mr. Specter) submitted an amendment intended to be proposed by them to
the bill, S. 672, supra; as follows:

On page 44, strike all after line 19, through line 2 on
page 45, and insert in lieu thereof the following:

``JOB OPPORTUNITIES AND BASIC SKILLS

(RESCISSION)

Of the funds made available under this heading in Public
Law 104-208, there is rescinded an amount equal to the total
of the funds within each State's limitation for fiscal year
1997 that are not necessary to pay such State's allowable
claims for such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as in
effect on October 1, 1996) is amended by adding after the
``,'' the following: ``reduced by an amount equal to the
total of those funds that are within each State's limitation
for fiscal year 1997 that are not necessary to pay such
State's allowable claims for such fiscal year (except that
such amount for such year shall be deemed to be
$1,000,000,000 for the purpose of determining the amount of
the payment under subsection (1) to which each State is
entitled),''.''
On page 46, after line 25, insert the following:
``Public Law 104-208, under the heading titled ``Education
For the Disadvantaged'' is amended by striking
``$1,298,386,000'' and inserting ``$713,386,000'' in lieu
thereof.''
On page 75, strike all after line 10 through line 22 on
page 80, and insert in lieu thereof the following:

``TITLE VI--SUPPLEMENTAL SECURITY INCOME AMENDMENT

``SEC. 601. EXTENSION OF SSI REDETERMINATION PROVISIONS.

(A) In General--Section 402(a)(2)(D) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(2)(D) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``the date which is 1
year after such date of enactment'' and inserting in lieu
thereof ``September 30, 1997''; and
(B) in subclause (III), by striking ``the date of the
redetermination with respect to such individual'' and
inserting in lieu thereof ``September 30, 1997''; and
(b) Effective Date.--Subsection (a) takes effect as if
included in the enactment of section 402 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612).''
______

SANTORUM AMENDMENT NO. 146

(Ordered to lie on the table.)
Mr. SANTORUM submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

SEC. . REGARDING THE BUDGET TREATMENT OF FEDERAL DISASTER
ASSISTANCE. SENSE OF THE SENATE.

The Senate shall find sufficient funding reductions to
offset the costs of providing any federal disaster
assistance.
______

DORGAN (AND OTHERS) AMENDMENTS NOS. 147-148

(Ordered to lie on the table.)
Mr. DORGAN (for himself, Mr. Grams, Mr. Conrad, Mr. Wellstone, Mr.
Daschle, and Mr. Johnson) submitted two amendments intended to be
proposed by them to the bill, S. 672, supra; as follows:

Amendment No. 147

On page 30, line 11, strike ``$100,000,000'' and insert
``$400,000,000''.
On page 72, line 10, strike ``$3,650,000,000'' and insert
``$3,950,000,000''.
On page 72, line 13, strike ``$5,800,000,000'' and insert
``$6,100,000,000''.
On page 72, line 13, strike ``$5,800,000,000'' and insert
``$6,200,000,000''.
____

Amendment No. 148

On page 16, line 20, strike ``$54,700,000'' and insert
``$154,700,000''.
On page 30, line 11, strike ``$100,000,000'' and insert
``$400,000,000''.
On page 72, line 10, strike ``$3,650,000,000'' and insert
``$4,050,000,000''.
______

DORGAN AMENDMENTS NOS. 149-151

(Ordered to lie on the table.)
Mr. DORGAN submitted three amendments intended to be proposed by him
to the bill, S. 672, supra, as follows:

Amendment No. 149

On page 30, line 11, strike ``$100,000,000'' and insert
``$400,000,000''.
On page 31, line 13, strike ``$3,500,000,000'' and insert
``$3,200,000,000''.
On page 31, line 17, strike ``$2,500,000,000'' and insert
``$2,200,000,000''.
____

Amendment No. 150

On page 30, line 11, strike 1``$100,000,000'' and insert
``$400,000,000''.
On page 72, line 10, strike ``$3,650,000,000'' and insert
``$3,950,000,000''.
On page 72, line 18, strike ``$2,150,000,000'' and insert
``$1,850,000,000''.
____

Amendment No. 151

At the appropriate place, insert the following:

SEC. . EMERGENCY USE OF CHILD CARE FUNDS.

(a) In General.--Notwithstanding any other provision of
law, during the period beginning on April 30, 1997, and
ending on July 30, 1997, the Governors of the States
described in paragraph (1) of subsection (b) may, subject to
subsection (c), use amounts received for the provision of
child care assistance or services under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.)
and under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) to provide emergency child care services
to individuals described in paragraph (2) of subsection (b).
(b) Eligibility.--
(1) Of states.--A State described in this paragraph is a
State in which the President, pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121), has determined that a major disaster
exists, or that an area within the State is determined to be
eligible for disaster relief under other Federal law by
reason of damage related to flooding in 1997.
(2) Of individuals.--An individual described in this
subsection is an individual who--
(A) resides within any area in which the President,
pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121), has
determined that a major disaster exists, or within an area
determined to be eligible for disaster relief under other
Federal law by reason of damage related to flooding in 1997;
and
(B) is involved in unpaid work activities (including the
cleaning, repair, restoration, and rebuilding of homes,
businesses, and schools) resulting from the flood emergency
described in subparagraph (A).
(c) Limitations.--
(1) Requirements.--With respect to assistance provided to
individuals under this section, the quality, certification
and licensure, health and safety, nondiscrimination, and
other requirements applicable under the Federal programs
referred to in subsection (a) shall apply to child care
provided or obtained under this section.
(2) Amount of funds.--The total amount utilized by each of
the States under subsection (a) during the period referred to
in such subsection shall not exceed the total amount of such
assistance that, notwithstanding the enactment of this
section, would otherwise have been expended by each such
State in the affected region during such period.
(d) Priority.--In making assistance available under this
section, the Governors described in subsection (a) shall give
priority

[[Page S4028]]

to eligible individuals who do not have access to income,
assets, or resources as a direct result of the flooding
referred to in subsection (b)(2)(A).
______

DORGAN (AND OTHERS) AMENDMENTS NOS. 152-153

(Ordered to lie on the table.)
Mr. DORGAN (for himself, Mr. Daschle, Mr. Johnson, and Mr. Conrad)
submitted two amendments intended to be proposed by them to the bill,
S. 672, supra; as follows:

Amendment No. 152

At the appropriate place, insert the following:

SEC. . NONAPPLICABILITY TO EMERGENCY LOANS OF PROHIBITION
ON LOANS FOR BORROWERS THAT HAVE RECEIVED DEBT
FORGIVENESS.

Section 373(b)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008h(b)(1)) is amended by
inserting after ``loan under this title'' the following:
``(other than subtitle C)''.
____

Amendment No. 153

On page 10, between lines 10 and 11, insert the following:
For guaranteed loans made to federally recognized Indian
tribes under the business and industrial loan program
established under section 310B of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932) for the replacement of
livestock lost during storms occurring during the winter
season of 1995 and 1996 and the winter season of 1996 and
1997:
(1) For additional gross obligations for the principal
amount of the guaranteed loans, to be available from funds in
the Agricultural Credit Insurance Fund, $50,000,000.
(2) For the additional cost of the guaranteed loans
(including the cost of modifying loans (as defined in section
502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a)), $465,000.

Food and Consumer Service

emergency food assistance program

Notwithstanding section 27(a) of the Food Stamp Act of 1977
(7 U.S.C. 2036(a)), the amount available for allocation under
that section for fiscal year 1997 shall be $99,535,000.
______

DORGAN AMENDMENT NO. 154

(Ordered to lie on the table.)
Mr. DORGAN submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

On page 85, after line 11, add the following:

TITLE VIII--ABATEMENT OF INTEREST ON UNDERPAYMENTS BY CERTAIN TAXPAYERS

SEC. 801. ABATEMENT OF INTEREST ON UNDERPAYMENTS BY TAXPAYERS
IN PRESIDENTIALLY DECLARED DISASTER AREAS.

(a) In General.--Section 6404 of the Internal Revenue Code
of 1986 (relating to abatements) is amended by adding at the
end the following:
``(h) Abatement of Interest on Underpayments by Taxpayers
in Presidentially Declared Disaster Areas.--
``(1) In general.--If the Secretary extends for any period
the time for filing income tax returns under section 6081 and
the time for paying income tax with respect to such returns
under section 6161 for any taxpayer located in a
Presidentially declared disaster area, the Secretary shall
abate for such period the assessment of any interest
prescribed under section 6601 on such income tax.
``(2) Presidentially declared disaster area.--For purposes
of paragraph (1), the term `Presidentially declared disaster
area' means, with respect to any taxpayer, any area which the
President has determined warrants assistance by the Federal
Government under the Disaster Relief and Emergency Assistance
Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to disasters declared after December 31, 1996.
______

CONRAD (AND OTHERS) AMENDMENTS NOS. 155-157

(Ordered to lie on the table.)
Mr. CONRAD (for himself, Mr. Grams, Mr. Dorgan, Mr. Daschle, Mr.
Wellstone, and Mr. Johnson) submitted three amendments intended to be
proposed by them to the bill, S. 672, supra; as follows:

Amendment No. 155

On page 16, line 20, strike ``$54,700,000'' and insert
``$154,700,000''.
On page 30, line 11, strike ``$100,000,000'' and insert
``$400,000,000''.
On page 31, line 13, strike ``$3,500,000,000'' and insert
``$3,100,000,000''.
On page 31, line 17, strike ``$2,500,000,000'' and insert
``$2,100,000,000''.
____

Amendment No. 156

On page 16, line 20, strike ``$54,700,000'' and insert
``$154,700,000''.
On page 31, line 13, strike ``$3,500,000,000'' and insert
``$3,400,000,000''.
On page 31, line 17, strike ``$2,500,000,000'' and insert
``$2,400,000,000''.
____

Amendment No. 157

On page 16, line 20, strike ``$54,700,000'' and insert
``$154,700,000''.
On page 72, line 10, strike ``$3,650,000,000'' and insert
``$3,750,000,000''.
On page 72, line 13, strike ``$5,800,000,000'' and insert
``$5,900,000,000''.
______

CONRAD (AND DORGAN) AMENDMENTS NOS. 158-159

(Ordered to lie on the table.)
Mr. CONRAD (for himself and Mr. Dorgan) submitted two amendments
intended to be proposed by him to the bill, S. 672, supra; as follows:

Amendment No. 158

On page 45, between lines 7 and 8, insert the following:
For an additional amount under the heading ``children and
families services programs (including rescissions)'',
$10,000,000, which shall be for making payments under the
Community Services Block Grant Act (42 U.S.C. 9901 et seq.)
to pay for emergency expenses resulting from the flooding in
the upper Midwest and other natural disasters in fiscal year
1997, to remain available until expended: Provided, That such
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That the $3,500,000,000 and $2,500,000,000 amounts under the
heading ``disaster relief'' under the heading ``Federal
Emergency Management Agency'' under the heading ``INDEPENDENT
AGENCY'' in chapter 6 of title II of this Act shall each be
reduced by $10,000,000.
____

Amendment No. 159

At the appropriate place, insert the following:

SEC. . FLOOD INSURANCE.

Section 1306(c)(1) of the National Flood Insurance Act of
1968 (42 U.S.C. 4013(c)(1)) is amended by striking ``30'' and
inserting ``15''.
______

CONRAD (AND OTHERS) AMENDMENT NO. 160

(Ordered to lie on the table.)
Mr. CONRAD (for himself, Mr. Dorgan, and Mr. Johnson) submitted an
amendment intended to be proposed by him to the bill, S. 672, supra; as
follows:

On page 13, line 15, strike ``$10,000,000'' and insert
``$20,000,000''.
______

CONRAD (AND OTHERS) AMENDMENT NO. 161

(Ordered to lie on the table.)
Mr. CONRAD (for himself, Mr. Daschle, Mr. Dorgan, Mr. Wellstone, Mr.
Johnson, and Mr. Grams) submitted an amendment intended to be proposed
by them to the bill, S. 672, supra; as follows:

At the appropriate place, insert the following:

SECTION 1. ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES
OF CERTAIN DISASTERS.

The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding
at the end the following:
``TITLE VIII--ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN CASES OF
CERTAIN DISASTERS

``SEC. 801. ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN
CASES OF CERTAIN DISASTERS.

``(a) Assistance.--
``(1) Authority.--The Director of the Federal Emergency
Management Agency may provide the assistance described in
paragraph (2) in any case in which the Director determines
with respect to any local educational agency (including for
the purpose of this section any other public agency which
operates schools providing technical, vocational, or other
special education to children of elementary school or
secondary school age) that--
``(A) the agency serves in whole or in part an area with
respect to which a major disaster has been declared by the
President under section 401;
``(B) the Governor of the State in which the agency is
located has certified the need for disaster assistance under
this section, and has given assurance of expenditure of a
reasonable amount of the funds of the government of the
State, or of any political subdivision thereof, for the same
or similar purposes with respect to the disaster;
``(C) the agency is utilizing or will utilize all State and
other financial assistance available to the agency for the
purpose of meeting the cost of providing free public
education for the children attending the schools of the
agency, but as a result of the disaster the agency is unable
to obtain sufficient funds for such purpose and requires an
amount of additional assistance equal to at least $10,000 or
5 percent of the agency's current expenditures during the
fiscal year preceding the fiscal year in which the disaster
occurred, whichever is less; and
``(D) in the case of any such disaster to the extent that
the operation of private elementary schools and secondary
schools in the school attendance area of such local
educational agency has been disrupted or impaired by the
disaster, the local educational

[[Page S4029]]

agency has made provisions for the conduct of educational
programs under public auspices and administration in which
children enrolled in the private elementary schools and
secondary schools may attend and participate, except that
nothing contained in this section shall be construed to
authorize the making of any payment under this section for
religious worship or instruction.
``(2) Assistance.--The assistance referred to in paragraph
(1) is the assistance the Director determines necessary to
pay the costs of emergency operating expenses incurred by the
local educational agency in educating students in public and
private elementary schools and secondary schools who have
been displaced by the disaster, including--
``(A) providing transportation costs for busing students to
alternative sites;
``(B) replacing instructional and maintenance supplies,
equipment, and materials (including textbooks) destroyed or
seriously damaged as a result of the disaster, making minor
repairs, and leasing or otherwise providing (other than by
acquisition of land or erection of facilities) school and
cafeteria facilities needed to replace temporarily the
facilities which have been made unavailable as a result of
the disaster; and
``(C) providing educational services to children who, as a
result of damage to schools that the children attended prior
to the disaster, were required to attend other schools.
``(3) Duration.--The Director may provide a local
educational agency with assistance under this section for the
period beginning on the date the disaster is declared by the
President under section 401 with respect to an area served by
the local educational agency and ending 18 months after the
date.
``(4) Payments to other local educational agencies.--A
local educational agency may use funds received under this
section to make a payment to another local educational agency
for the costs of emergency operating expenses incurred by
such other local educational agency in educating students who
are displaced by the disaster.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated for each fiscal year such amounts as may
be necessary to carry out the provisions of this section.
Pending such appropriation, the Director is authorized to
expend (without regard for subchapter II of chapter 15 of
title 31, United States Code) from any funds appropriated to
the Federal Emergency Management Agency and at that time
available to the Director, such sums as may be necessary for
providing immediate assistance under this section.
Expenditures pursuant to the preceding sentence--
``(1) shall be reported by the Director to the Committees
on Appropriations and Education and the Workplace of the
House of Representatives and the Committees on Appropriations
and Labor and Human Resources of the Senate within 30 days of
the expenditure; and
``(2) shall be reimbursed from the appropriations
authorized by the first sentence of this subsection.
``(c) Report.--The report required under subsection (b)(1)
shall constitute a budget estimate within the meaning of
section 1109 of title 31, United States Code.
``(d) Application.--No payment may be made to any local
educational agency under this section except upon application
therefor which is submitted through the appropriate State
educational agency and is filed with the Director in
accordance with the regulations prescribed by the Director.
In determining the order in which such applications may be
approved, the Director shall consider the relative
educational and financial needs of the local educational
agencies which have submitted approvable applications. The
Director shall complete action of approval or disapproval of
an application within 90 days of the filing of an
application.
``(e) Payments.--Amounts paid by the Director to local
educational agencies under this section may be paid in
advance or by way of reimbursement and in such installments
as the Director may determine. Any funds paid to a local
educational agency and not expended or otherwise used for the
purposes for which paid shall be repaid to the Treasury of
the United States.
``(f) Special Rule.--Funds available to carry out this
section for any fiscal year shall also be available to carry
out section 403 with respect to assistance for public and
private elementary schools and secondary schools.
``(g) Bureau Funded Schools.--The Director may provide
assistance to the Bureau of Indian Affairs for Bureau funded
schools that are located in an area with respect to which a
major disaster has been declared by the President under
section 401 in a manner similar to the manner in which local
educational agencies receive assistance under this section.
``(h) Definitions.--In this section:
``(1) Bureau funded school.--The term `Bureau funded
school' has the meaning given the term in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026).
``(2) Current expenditures.--The term `current
expenditures' has the meaning given the term in section 8013
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713).
``(3) Director.--The term `Director' means Director of the
Federal Emergency Management Agency.
``(4) Elementary school; secondary school; local
educational agency; state educational agency.--The terms
`elementary school', `secondary school', `local educational
agency', and `State educational agency' have the meanings
given the terms in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).''.
______

CONRAD AMENDMENT NO. 162

(Ordered to lie on the table.)
Mr. CONRAD submitted an amendment intended to be proposed by him to
the bill, S. 672, supra; as follows:

At the end of title II, insert the following:

CHAPTER 6

COMMITTEE ON SMALL BUSINESS

small business investment company act of 1958 fees

(a) In General.--For fiscal year 1997 and 1998, $4,800,000,
to pay fees required under section 503(b)(7)(A) and
paragraphs (2) and (3) of section 503(d) of the Small
Business Investment Act of 1958 in connection with assistance
authorized under title V of that Act of a borrower located in
an area in which the President, pursuant to section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), has determined that
a major disaster exists, or within an area determined to be
eligible for disaster relief under other Federal law by
reason of damage related to the 1997 flooding of the Red
River of the North and its tributaries.
(b) CDC and Borrower Exempt From Fees.--For fiscal years
1997 and 1998, no borrower or certified development company
shall be required to pay fees under section 503(b)(7)(A) and
paragraphs (2) and (3) of section 503(b) of the Small
Business Investment Act of 1958 that are paid by the funds
appropriated under subsection (a) of this section.
______

CONRAD (AND DORGAN) AMENDMENT NO. 163

(Ordered to lie on the table.)
Mr. CONRAD (for himself and Mr. Dorgan) submitted an amendment
intended to be proposed by him to the bill, S. 672, supra; as follows:

On page 10, between lines 10 and 11, insert the following:
For an additional amount for the ``Agricultural Credit
Insurance Fund Program Account'' for the additional cost of
providing assistance under the interest rate reduction
program established under section 351 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1999) to
agricultural producers that have been substantially affected
by a major disaster or emergency designated by the President
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), to remain available
until expended, $10,000,000: Provided, That the entire amount
shall be available only to the extent that an official budget
request for $10,000,000 that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900 et seq.) is transmitted by the
President to Congress: Provided further, That the amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of that Act (2 U.S.C.
901(b)(2)(D)(i)).
______

MURRAY AMENDMENT NO. 164

(Ordered to lie on the table.)
Mrs. MURRAY submitted an amendment intended to be proposed by her to
the bill, S. 672, supra; as follows:

On page 17, between lines 13 and 14, insert the following:

operations, research, and facilities

For an additional amount to continue the assistance
implemented by the National Oceanic and Atmospheric
Administration in Washington, Oregon, and California
(commonly referred to as the ``Northwest Economic Aid
Package'') to provide disaster assistance under section 312
of the Magnuson-Stevens Fishery Conservation and Management
Act (relating to the transition to sustainable fisheries) to
salmon fishers that continue to suffer from a fishery
resource disaster, $25,000,000, to remain available until
expended: Provided, That the entire amount shall be available
only to the extent that an official budget request for
$25,000,000, that includes the designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, is transmitted by the President to Congress: Provided
further, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of such Act.
On page 72, line 10, strike ``$3,650,000,000'' and insert
``$3,675,000,000''.
On page 72, line 13, strike ``$5,800,000,000'' and insert
``$5,825,000,000''.
______

D'AMATO (AND CHAFEE) AMENDMENT NO. 165

(Ordered to lie on the table.)
Mr. D'AMATO (for himself and Mr. Chafee) submitted an amendment
intended to be proposed by them to the bill, S. 672, supra; as follows:

Strike title VI and insert the following:

[[Page S4030]]

TITLE VI--EXTENSION OF SSI AND FOOD STAMPS FOR CERTAIN ALIENS

SEC. 601. EXTENSION OF SSI AND FOOD STAMP REDETERMINATION
PROVISIONS.

(A) In General.--Section 402(a)(2)(D) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(2)(D)), as amended by section 510 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104-208; 110 Stat. 3009-673), is
amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``the date which is 1
year after such date of enactment'' and inserting ``September
30, 1997''; and
(B) in subclause (III), by striking ``the date of the
redetermination with respect to such individual'' and
inserting ``September 30, 1997''; and
(2) in clause (ii)--
(A) in subclause (I)--
(i) by striking ``April 1, 1997,'' and all that follows
through ``1977.'' and inserting ``October 1, 1997, to an
alien who received benefits under such program on the date of
enactment of this Act.''; and
(ii) by striking ``August 22, 1997'', and inserting
``September 30, 1997''; and
(B) in subclause (III), by striking ``the date of
recertification'' and inserting ``September 30, 1997''.
(b) Notice and Redetermination.--The Commissioner of Social
Security, in the case of the specified Federal program
defined in section 402(a)(3)(A) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(3)(A)), and the State agency, in the
case of the specified Federal program defined in section
402(a)(3)(B) of such Act (8 U.S.C. 1612(a)(3)(B)), shall
notify any individual described in section 402(a)(2)(D) of
such Act (8 U.S.C. 1612(a)(2)(D)), as amended by subsection
(a), who, on or after August 22, 1996, has been determined to
be ineligible for any such specified Federal program solely
on the basis of the application of section 402 of such Act (8
U.S.C. 1612), as in effect on the day before the date of
enactment of this Act, that the individual's eligibility for
such program shall be redetermined or recertified (as the
case may be), and shall conduct such redetermination or
recertification in a timely manner. Any benefits that such an
individual should have received under any such specified
Federal program during the period beginning on the date of
the determination described in the preceding sentence and
ending on September 30, 1997, were it not for the enactment
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, shall be restored to the
individual.
(c) Rescission of JOBS Funds.--
(1) In general.--Of the funds made available under the
heading ``JOB OPPORTUNITIES AND BASIC SKILLS'' in Public Law
104-208, there is rescinded an amount equal to the total of
the funds within each State's limitation for fiscal year 1997
that are not necessary to pay such State's allowable claims
for such fiscal year.
(2) Conforming amendment.--Section 403(k)(3)(F) of the
Social Security Act (42 U.S.C. 603(k)(3)(F)) (as in effect on
October 1, 1996) is amended by inserting ``reduced by an
amount equal to the total of those funds that are within each
State's limitation for fiscal year 1997 that are not
necessary to pay such State's allowable claims for such
fiscal year (except that such amount for such year shall be
deemed to be $1,000,000,000 for the purpose of determining
the amount of the payment under subsection (l) to which each
State is entitled),'' after ``year,''.
(d) Effective Date.--Subsection (a) takes effect as if
included in the enactment of section 402 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612).
______

D'AMATO (AND OTHERS) AMENDMENT NO. 166

(Ordered to lie on the table.)
Mr. D'AMATO (for himself, Mr. Chafee, Mr. DeWine, and Mr. Specter)
submitted an amendment intended to be proposed by them to the bill, S.
672, supra; as follows:

On page 44, strike all after line 19, through line 2 on
page 45, and insert in lieu thereof the following:

job opportunities and basic skills

(rescission)

Of the funds made available under this heading in Public
Law 104-208, there is rescinded an amount equal to the total
of the funds within each State's limitation for fiscal year
1997 that are not necessary to pay such State's allowable
claims for such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as in
effect on October 1, 1996) is amended by adding after the
``,'' the following: ``reduced by an amount equal to the
total of those funds that are within each State's limitation
for fiscal year 1997 that are not necessary to pay such
State's allowable claims for such fiscal year (except that
such amount for such year shall be deemed to be
$1,000,000,000 for the purpose of determining the amount of
the payment under subsection (1) to which each State is
entitled).''.
On page 46, after line 25, insert the following:
On page 75, strike all after line 10 through line 22 on
page 80, and insert in lieu thereof the following:

Title VI--Supplemental Security Income Amendment

SEC. 601. EXTENSION OF SSI REDETERMINATION PROVISIONS.

(a) In General.--Section 402(a)(2)(D) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(2)(D) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``the date which is 1
year after such date of enactment'' and inserting in lieu
thereof ``September 30, 1997''; and
(B) in subclause (III), by striking ``the date of the
redetermination with respect to such individual'' and
inserting in lieu thereof ``September 30, 1997''; and
(b) Effective Date.--Subsection (a) takes effect as if
included in the enactment of section 402 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612).
______

BOND (AND OTHERS) AMENDMENT NO. 167

(Ordered to lie on the table.)
Mr. BOND (for himself, Mr. Levin, and Mr. Abraham) submitted an
amendment intended to be proposed by them to the bill, S. 672, supra;
as follows:

At the appropriate place, insert the following:
Sec. . After the period for filing claims pursuant to the
Uniform Relocation Act is closed, and from amounts previously
appropriated for the Center for Ecology Research and Training
(CERT), the Environmental Protection Agency (EPA) shall
obligate the maximum amount of funds necessary to settle all
outstanding CERT-related claims against it. To the extent
that unobligated balances remain from such amounts previously
appropriated, EPA is authorized beginning in fiscal year 1997
to make grants of such funds to the City of Bay City,
Michigan, for the purpose of EPA-approved environmental
remediation and rehabilitation of publicly owned real
property included in the boundaries of the CERT project.
______

BOND AMENDMENTS NOS. 168-169

(Ordered to lie on the table.)
Mr. BOND submitted two amendments intended to be proposed by him to
the bill, S. 672, supra; as follows:

Amendment No. 168

In Title III, Chapter 10, add the following new section.
Sec. . The funds appropriated in Public Law 104-204 to
the Environmental Protection Agency under the State and
Tribal Assistance Grants Account for grants to states and
federally recognized tribes for multi-media or single media
pollution prevention, control and abatement and related
activities, $674,207,000, may also be used for the direct
implementation by the Federal government of a program
required by law in the absence of an acceptable State or
tribal program.
____

Amendment No. 169

In Title III, Chapter 10, add the following new section.
Sec. . The first sentence of section 542(c)(4) of the
Housing and Community Development Act of 1992 is amended by
striking out ``on not more than 12,000 units during fiscal
year 1996'' and inserting in lieu thereof: ``on not more than
12,000 units during fiscal year 1996 and not more than an
additional 7,500 units during fiscal year 1997.''.
______

DASCHLE AMENDMENT NO. 170

(Ordered to lie on the table.)
Mr. DASCHLE submitted an amendment intended to be proposed by him to
the bill, s. 672, supra; as follows:

Amendment No. 170

At the appropriate place, insert the following:

FEDERAL EMERGENCY MANAGEMENT AGENCY

Grant for the Construction of a Pipeline to Connect the Town of
Gettysburg, South Dakota, to the Mid-Dakota Rural Water System

For the funding of a grant to the town of Gettysburg, South
Dakota, to be used to pay the Bureau of Reclamation for the
construction of a pipeline to connect the town to the Mid-
Dakota Rural Water System, $1,500,000.
______

REID (AND BAUCUS) AMENDMENT NO. 171

Mr. REID (for himself and Mr. Baucus) proposed an amendment to the
bill, S. 672, supra; as follows:

Amendment No. 171

[[Page S4031]]

flood control facilities in response to an imminent threat to
human lives and property and shall remain in effect until the
Assistant Secretary of the Army for Civil Works determines
that 100 percent of emergency repairs have been completed,
but shall not remain in effect later than December 31, 1998.
______

D'AMATO (AND OTHERS) AMENDMENT NO. 172

(Ordered to lie on the table.)
Mr. D'AMATO (for himself, Ms. Snowe, Mrs. Feinstein, Mr. Hollings,
Mr. Moynihan, Mr. Domenici, Mr. Faircloth, Ms. Moseley-Braun, Mr.
Biden, Mr. Inouye, Mr. Murkowski, Mr. Dodd, Mr. Kerrey, Mr. Hatch, Mr.
Gregg, Mr. Smith of New Hampshire, and Mr. Ford) submitted an amendment
intended to be proposed by him to the bill, S. 672, supra; as follows:

At the appropriate place, insert the following:
TITLE ____--WOMEN'S HEALTH AND CANCER RIGHTS

SEC. ____1. SHORT TITLE.

This title may be cited as the ``Women's Health and Cancer
Rights Act of 1997''.

SEC. ____2. FINDINGS.

Congress finds that--
(1) the offering and operation of health plans affect
commerce among the States;
(2) health care providers located in a State serve patients
who reside in the State and patients who reside in other
States; and
(3) in order to provide for uniform treatment of health
care providers and patients among the States, it is necessary
to cover health plans operating in 1 State as well as health
plans operating among the several States.

SEC. ____3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974.

(a) In General.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (as
added by section 603(a) of the Newborns' and Mothers' Health
Protection Act of 1996 and amended by section 702(a) of the
Mental Health Parity Act of 1996) is amended by adding at the
end the following new section:

``SEC. 713. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR
MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE
TREATMENT OF BREAST CANCER, COVERAGE FOR
RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES,
AND COVERAGE FOR SECONDARY CONSULTATIONS.

``(a) Inpatient Care.--
``(1) In general.--A group health plan, and a health
insurance issuer providing health insurance coverage in
connection with a group health plan, that provides medical
and surgical benefits shall ensure that inpatient coverage
with respect to the treatment of breast cancer is provided
for a period of time as is determined by the attending
physician, in consultation with the patient, to be medically
appropriate following--
``(A) a mastectomy;
``(B) a lumpectomy; or
``(C) a lymph node dissection for the treatment of breast
cancer.
``(2) Exception.--Nothing in this section shall be
construed as requiring the provision of inpatient coverage if
the attending physician and patient determine that a shorter
period of hospital stay is medically appropriate.
``(b) Reconstructive Surgery.--A group health plan, and a
health insurance issuer providing health insurance coverage
in connection with a group health plan, that provides medical
and surgical benefits with respect to a mastectomy shall
ensure that, in a case in which a mastectomy patient elects
breast reconstruction, coverage is provided for--
``(1) all stages of reconstruction of the breast on which
the mastectomy has been performed; and
``(2) surgery and reconstruction of the other breast to
produce a symmetrical appearance;

in the manner determined by the attending physician and the
patient to be appropriate, and consistent with any fee
schedule contained in the plan.
``(c) Prohibition on Certain Modifications.--In
implementing the requirements of this section, a group health
plan, and a health insurance issuer providing health
insurance coverage in connection with a group health plan,
may not modify the terms and conditions of coverage based on
the determination by a participant or beneficiary to request
less than the minimum coverage required under subsection (a)
or (b).
``(d) Notice.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with
a group health plan shall provide notice to each participant
and beneficiary under such plan regarding the coverage
required by this section in accordance with regulations
promulgated by the Secretary. Such notice shall be in
writing and prominently positioned in any literature or
correspondence made available or distributed by the plan
or issuer and shall be transmitted--
``(1) in the next mailing made by the plan or issuer to the
participant or beneficiary;
``(2) as part of any yearly informational packet sent to
the participant or beneficiary; or
``(3) not later than January 1, 1998;

whichever is earlier.
``(e) Secondary Consultations.--
``(1) In general.--A group health plan, and a health
insurance issuer providing health insurance coverage in
connection with a group health plan, that provides coverage
with respect to medical and surgical services provided in
relation to the diagnosis and treatment of cancer shall
ensure that full coverage is provided for secondary
consultations by specialists in the appropriate medical
fields (including pathology, radiology, and oncology) to
confirm or refute such diagnosis. Such plan or issuer shall
ensure that full coverage is provided for such secondary
consultation whether such consultation is based on a positive
or negative initial diagnosis. In any case in which the
attending physician certifies in writing that services
necessary for such a secondary consultation are not
sufficiently available from specialists operating under the
plan with respect to whose services coverage is otherwise
provided under such plan or by such issuer, such plan or
issuer shall ensure that coverage is provided with respect to
the services necessary for the secondary consultation with
any other specialist selected by the attending physician for
such purpose at no additional cost to the individual beyond
that which the individual would have paid if the specialist
was participating in the network of the plan.
``(2) Exception.--Nothing in paragraph (1) shall be
construed as requiring the provision of secondary
consultations where the patient determines not to seek such a
consultation.
``(f) Prohibition on Penalties or Incentives.--A group
health plan, and a health insurance issuer providing health
insurance coverage in connection with a group health plan,
may not--
``(1) penalize or otherwise reduce or limit the
reimbursement of a provider or specialist because the
provider or specialist provided care to a participant or
beneficiary in accordance with this section;
``(2) provide financial or other incentives to a physician
or specialist to induce the physician or specialist to keep
the length of inpatient stays of patients following a
mastectomy, lumpectomy, or a lymph node dissection for the
treatment of breast cancer below certain limits or to limit
referrals for secondary consultations; or
``(3) provide financial or other incentives to a physician
or specialist to induce the physician or specialist to
refrain from referring a participant or beneficiary for a
secondary consultation that would otherwise be covered by the
plan or coverage involved under subsection (e).''.
(b) Clerical Amendment.--The table of contents in section 1
of such Act, as amended by section 603 of the Newborns' and
Mothers' Health Protection Act of 1996 and section 702 of the
Mental Health Parity Act of 1996, is amended by inserting
after the item relating to section 712 the following new
item:

``Sec. 713. Required coverage for minimum hospital stay for
mastectomies and lymph node dissections for the treatment
of breast cancer, coverage for reconstructive surgery
following mastectomies, and coverage for secondary
consultations.''.

(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply with respect to plan years beginning on or after the
date of enactment of this Act.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee
representatives and 1 or more employers ratified before the
date of enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminates (determined
without regard to any extension thereof agreed to after the
date of enactment of this Act), or
(B) January 1, 1998.

For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any
requirement added by this section shall not be treated as a
termination of such collective bargaining agreement.

SEC. ____4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT
RELATING TO THE GROUP MARKET.

(a) In General.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (as added by section 604(a) of the
Newborns' and Mothers' Health Protection Act of 1996 and
amended by section 703(a) of the Mental Health Parity Act of
1996) is amended by adding at the end the following new
section:

``SEC. 2706. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR
MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE
TREATMENT OF BREAST CANCER, COVERAGE FOR
RECONSTRUCTION SURGERY FOLLOWING MASTECTOMIES,
AND COVERAGE FOR SECONDARY CONSULTATIONS.

[[Page S4032]]

in consultation with the patient, to be medically appropriate
following--
``(A) a mastectomy;
``(B) a lumpectomy; or
``(C) a lymph node dissection for the treatment of breast
cancer.
``(2) Exception.--Nothing in this section shall be
construed as requiring the provision of inpatient coverage if
the attending physician and patient determine that a shorter
period of hospital stay is medically appropriate.
``(b) Reconstructive Surgery.--A group health plan, and a
health insurance issuer providing health insurance coverage
in connection with a group health plan, that provides medical
and surgical benefits with respect to a mastectomy shall
ensure that, in a case in which a mastectomy patient elects
breast reconstruction, coverage is provided for--
``(1) all stages of reconstruction of the breast on which
the mastectomy has been performed; and
``(2) surgery and reconstruction of the other breast to
produce a symmetrical appearance;

in the manner determined by the attending physician and the
patient to be appropriate, and consistent with any fee
schedule contained in the plan.
``(c) Prohibition on Certain Modifications.--In
implementing the requirements of this section, a group health
plan, and a health insurance issuer providing health
insurance coverage in connection with a group health plan,
may not modify the terms and conditions of coverage based on
the determination by a participant or beneficiary to request
less than the minimum coverage required under subsection (a)
or (b).
``(d) Notice.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with
a group health plan shall provide notice to each participant
and beneficiary under such plan regarding the coverage
required by this section in accordance with regulations
promulgated by the Secretary. Such notice shall be in writing
and prominently positioned in any literature or
correspondence made available or distributed by the plan or
issuer and shall be transmitted--
``(1) in the next mailing made by the plan or issuer to the
participant or beneficiary;
``(2) as part of any yearly informational packet sent to
the participant or beneficiary; or
``(3) not later than January 1, 1998;

whichever is earlier.
``(e) Secondary Consultations.--
``(1) In general.--A group health plan, and a health
insurance issuer providing health insurance coverage in
connection with a group health plan that provides coverage
with respect to medical and surgical services provided in
relation to the diagnosis and treatment of cancer shall
ensure that full coverage is provided for secondary
consultations by specialists in the appropriate medical
fields (including pathology, radiology, and oncology) to
confirm or refute such diagnosis. Such plan or issuer shall
ensure that full coverage is provided for such secondary
consultation whether such consultation is based on a positive
or negative initial diagnosis. In any case in which the
attending physician certifies in writing that services
necessary for such a secondary consultation are not
sufficiently available from specialists operating under the
plan with respect to whose services coverage is otherwise
provided under such plan or by such issuer, such plan or
issuer shall ensure that coverage is provided with respect to
the services necessary for the secondary consultation with
any other specialist selected by the attending physician for
such purpose at no additional cost to the individual beyond
that which the individual would have paid if the specialist
was participating in the network of the plan.
``(2) Exception.--Nothing in paragraph (1) shall be
construed as requiring the provision of secondary
consultations where the patient determines not to seek such a
consultation.
``(f) Prohibition on Penalties or Incentives.--A group
health plan, and a health insurance issuer providing health
insurance coverage in connection with a group health plan,
may not--
``(1) penalize or otherwise reduce or limit the
reimbursement of a provider or specialist because the
provider or specialist provided care to a participant or
beneficiary in accordance with this section;
``(2) provide financial or other incentives to a physician
or specialist to induce the physician or specialist to keep
the length of inpatient stays of patients following a
mastectomy, lumpectomy, or a lymph node dissection for the
treatment of breast cancer below certain limits or to limit
referrals for secondary consultations; or
``(3) provide financial or other incentives to a physician
or specialist to induce the physician or specialist to
refrain from referring a participant or beneficiary for a
secondary consultation that would otherwise be covered by the
plan or coverage involved under subsection (e).''.
(b) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to group health plans for plan years beginning on or
after the date of enactment of this Act.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee
representatives and 1 or more employers ratified before the
date of enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminates (determined
without regard to any extension thereof agreed to after the
date of enactment of this Act), or
(B) January 1, 1998.

SEC. ____5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT
RELATING TO THE INDIVIDUAL MARKET.

(a) In General.--Subpart 3 of part B of title XXVII of the
Public Health Service Act (as added by section 605(a) of the
Newborn's and Mother's Health Protection Act of 1996) is
amended by adding at the end the following new section:

``SEC. 2752. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR
MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE
TREATMENT OF BREAST CANCER AND SECONDARY
CONSULTATIONS.

``The provisions of section 2706 shall apply to health
insurance coverage offered by a health insurance issuer in
the individual market in the same manner as they apply to
health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or
large group market.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on or after the date of enactment of this
Act.

SEC. ____6. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

(a) In General.--Chapter 100 of the Internal Revenue Code
of 1986 (relating to group health plan portability, access,
and renewability requirements) is amended by redesignating
sections 9804, 9805, and 9806 as sections 9805, 9806, and
9807, respectively, and by inserting after section 9803 the
following new section:

``SEC. 9804. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR
MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE
TREATMENT OF BREAST CANCER, COVERAGE FOR
RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES,
AND COVERAGE FOR SECONDARY CONSULTATIONS.

``(a) Inpatient Care.--
``(1) In general.--A group health plan that provides
medical and surgical benefits shall ensure that inpatient
coverage with respect to the treatment of breast cancer is
provided for a period of time as is determined by the
attending physician, in consultation with the patient, to be
medically appropriate following--
``(A) a mastectomy;
``(B) a lumpectomy; or
``(C) a lymph node dissection for the treatment of breast
cancer.
``(2) Exception.--Nothing in this section shall be
construed as requiring the provision of inpatient coverage if
the attending physician and patient determine that a shorter
period of hospital stay is medically appropriate.
``(b) Reconstructive Surgery.--A group health plan that
provides medical and surgical benefits with respect to a
mastectomy shall ensure that, in a case in which a mastectomy
patient elects breast reconstruction, coverage is provided
for--
``(1) all stages of reconstruction of the breast on which
the mastectomy has been performed; and
``(2) surgery and reconstruction of the other breast to
produce a symmetrical appearance;

in the manner determined by the attending physician and the
patient to be appropriate, and consistent with any fee
schedule contained in the plan.
``(c) Prohibition on Certain Modifications.--In
implementing the requirements of this section, a group health
plan may not modify the terms and conditions of coverage
based on the determination by a participant or beneficiary to
request less than the minimum coverage required under
subsection (a) or (b).
``(d) Notice.--A group health plan shall provide notice to
each participant and beneficiary under such plan regarding
the coverage required by this section in accordance with
regulations promulgated by the Secretary. Such notice shall
be in writing and prominently positioned in any literature or
correspondence made available or distributed by the plan and
shall be transmitted--
``(1) in the next mailing made by the plan to the
participant or beneficiary;
``(2) as part of any yearly informational packet sent to
the participant or beneficiary; or
``(3) not later than January 1, 1998;

whichever is earlier.
``(e) Secondary Consultations.--
``(1) In general.--A group health plan that provides
coverage with respect to medical and surgical services
provided in relation to the diagnosis and treatment of cancer
shall ensure that full coverage is provided for secondary
consultations by specialists in the appropriate medical
fields (including pathology, radiology, and oncology) to
confirm or

[[Page S4033]]

refute such diagnosis. Such plan or issuer shall ensure that
full coverage is provided for such secondary consultation
whether such consultation is based on a positive or negative
initial diagnosis. In any case in which the attending
physician certifies in writing that services necessary for
such a secondary consultation are not sufficiently available
from specialists operating under the plan with respect to
whose services coverage is otherwise provided under such plan
or by such issuer, such plan or issuer shall ensure that
coverage is provided with respect to the services necessary
for the secondary consultation with any other specialist
selected by the attending physician for such purpose at no
additional cost to the individual beyond that which the
individual would have paid if the specialist was
participating in the network of the plan.
``(2) Exception.--Nothing in paragraph (1) shall be
construed as requiring the provision of secondary
consultations where the patient determines not to seek such a
consultation.
``(f) Prohibition on Penalties.--A group health plan may
not--
``(1) penalize or otherwise reduce or limit the
reimbursement of a provider or specialist because the
provider or specialist provided care to a participant or
beneficiary in accordance with this section;
``(2) provide financial or other incentives to a physician
or specialist to induce the physician or specialist to keep
the length of inpatient stays of patients following a
mastectomy, lumpectomy, or a lymph node dissection for the
treatment of breast cancer below certain limits or to limit
referrals for secondary consultations; or
``(3) provide financial or other incentives to a physician
or specialist to induce the physician or specialist to
refrain from referring a participant or beneficiary for a
secondary consultation that would otherwise be covered by the
plan involved under subsection (e).''.
(b) Conforming Amendments.--
(1) Sections 9801(c)(1), 9805(b) (as redesignated by
subsection (a)), 9805(c) (as so redesignated),
4980D(c)(3)(B)(i)(I), 4980D(d)(3), and 4980D(f)(1) of such
Code are each amended by striking ``9805'' each place it
appears and inserting ``9806''.
(2) The heading for subtitle K of such Code is amended to
read as follows:
``Subtitle K--Group Health Plan Portability, Access, Renewability, and
Other Requirements''.
(3) The heading for chapter 100 of such Code is amended to
read as follows:

``CHAPTER 100--GROUP HEALTH PLAN PORTABILITY, ACCESS, RENEWABILITY, AND
OTHER REQUIREMENTS''.

(4) Section 4980D(a) of such Code is amended by striking
``and renewability'' and inserting ``renewability, and
other''.
(c) Clerical Amendments.--
(1) The table of contents for chapter 100 of such Code is
amended by redesignating the items relating to sections 9804,
9805, and 9806 as items relating to sections 9805, 9806, and
9807, and by inserting after the item relating to section
9803 the following new item:

``Sec. 9804. Required coverage for minimum hospital stay for
mastectomies and lymph node dissections for the treatment
of breast cancer, coverage for reconstructive surgery
following mastectomies, and coverage for secondary
consultations.''.

(2) The item relating to subtitle K in the table of
subtitles for such Code is amended by striking ``and
renewability'' and inserting ``renewability, and other''.
(3) The item relating to chapter 100 in the table of
chapters for subtitle K of such Code is amended by striking
``and renewability'' and inserting ``renewability, and
other''.
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply with respect to plan years beginning on or after the
date of enactment of this Act.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee
representatives and 1 or more employers ratified before the
date of enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
later of--
(A) the date on which the last collective bargaining
agreements relating to the plan terminates (determined
without regard to any extension thereof agreed to after the
date of enactment of this Act), or
(B) January 1, 1998.

BOND AMENDMENT NO. 173

Mr. STEVENS (for Mr. Bond) proposed an amendment to the bill, S. 672,
supra; as follows:

In title III, chapter 10, add the following new section:
Sec. . The funds appropriated in Public Law 104-204 to
the Environmental Protection Agency under the State and
Tribal Assistance Grants Account for grants to States and
federally recognized tribes for multi-media or single media
pollution prevention, control and abatement and related
activities, $674,207,000, may also be used for the direct
implementation by the Federal Government of a program
required by law in the absence of an acceptable State or
tribal program.
______

BOND (AND OTHERS) AMENDMENT NO. 174

Mr. STEVENS (for Mr. Bond, for himself, Mr. Levin, and Mr. Abraham)
proposed an amendment to the bill, S. 672, supra; as follows:

In title III, chapter 10, add the following new section:
Sec. . After the period for filing claims pursuant to the
Uniform Relocation Act is closed, and from amounts previously
appropriated for the Center for Ecology Research and Training
(CERT), the Environmental Protection Agency (EPA) shall
obligate the maximum amount of funds necessary to settle all
outstanding CERT-related claims against it. To the extent
that unobligated balances remain from such amounts previously
appropriated, EPA is authorized beginning in fiscal year 1997
to make grants of such funds to the City of Bay City,
Michigan, for the purpose of EPA-approved environmental
remediation and rehabilitation of publicly owned real
property included in the boundaries of the CERT project.

____________________